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This title explores what might have occured had Ike allowed Devers to cross the Rhine. The author cites the opinions of many high-ranking generals that the attack would have been a bold and likely successful manoeuvre that might have ended the war earlier and saved thousands of American lives.
Decision at Strasbourg relates the remarkable and largely unknown story of Lt. General Jacob Devers' lost opportunity to launch a bold attack into the heart of Nazi Germany, which may have won the European war in late 1944, six months before Victory-over-Europe (V-E) Day in May 1945.
Civil Liberties and Human Rights by Helen Fenwick Pdf
This book is a detailed, thought-provoking and comprehensive text that is valuable not only for students but also for all those interested in the development of civil liberties in the Human Rights Act era
Democratic Dialogue and the Constitution by Alison L. Young Pdf
Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts - dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy, with most theories of legal and political constitutionalism combining legal and political protections, as well as providing an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism in terms of the assumptions on which it is based and the questions it asks. It focuses on analysing mechanisms of inter-institutional interactions, and assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution. This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court-court dialogue between the UK court, the European Court of Justice, and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.
Defendant Participation in the Criminal Process by Abenaa Owusu- Bempah Pdf
Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.
Author : Helen Keller,Alec Stone Sweet Publisher : Oxford University Press, USA Page : 893 pages File Size : 55,8 Mb Release : 2008 Category : Law ISBN : 9780199535262
A Europe of Rights by Helen Keller,Alec Stone Sweet Pdf
"In this book, a team of distinguished scholars trace and evaluate, comparatively, the impact of the ECHR and the European Court of Human Rights on law and politics in eighteen national systems: Ireland-UK; France-Germany, Italy-Spain, Belgium-Netherlands, Norway-Sweden, Greece-Turkey, Russia-Ukraine, Poland-Slovakia, and Austria-Switzerland. Although the Court's jurisprudence has provoked significant structural, procedural, and policy innovation in every State examined, its impact varies widely across States and legal domains. The book charts this variation and seeks to explain it. Across Europe, national officials - in governments, legislatures, and judiciaries - have chosen to incorporate the ECHR into domestic law, and they have developed a host of mechanisms designed to adapt the national legal system to the ECHR as it evolves. But how and why State actors have done so varies in important ways, and these differences heavily determine the relative status and effectiveness of Convention rights in national systems. Although problems persist, the book shows that national officials are, gradually but inexorably, being socialized into a Europe of rights, a unique transnational legal space now developing its own logics of political and juridical legitimacy."--BOOK JACKET.
This selection of lectures, essays and speeches by Lord Judge, nearly all written when he was Lord Chief Justice of England and Wales, brings together his analysis of a wide range of topics which underpin the administration of justice and the rule of law. Apart from a few personal reflections, the discussion ranges from the development of our constitutional arrangements to matters of continuing constitutional uncertainty, with observations about different aspects of the court process and the discharge of judicial responsibilities. Based on Lord Judge's experience in the law and a deep interest in history, this selection offers sometimes uncomfortable, sometimes amusing, but always stimulating reading, and will provoke thoughtful reflection on and better understanding of the arrangements by which we are governed and the practical application of the rule of law.
Winner of the Inner Temple book prize 2015 and the Socio-Legal Studies Association Book prize 2014/15 The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before...The remarkable width and depth of his examination...has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court
This book uses the law of judicial review to identify and to explain these principles, and shows how they ought to be worked out in the private law of tort and contract, in administrative tribunals, and in non- judicial techniques such as investigations by ombudsmen, and the work of auditors and other government agencies.
When war broke out between France and Prussia in the summer of 1870, one of the first targets of the invading German armies was Strasbourg. From August 15 to September 27, Prussian forces bombarded this border city, killing hundreds of citizens, wounding thousands more, and destroying many historic buildings and landmarks. For six terror-filled weeks, "the city at the crossroads" became the epicenter of a new kind of warfare whose indiscriminate violence shocked contemporaries and led to debates over the wartime protection of civilians. The Siege of Strasbourg recovers the forgotten history of this crisis and the experiences of civilians who survived it. Rachel Chrastil shows that many of the defining features of "total war," usually thought to be a twentieth-century phenomenon, characterized the siege. Deploying a modern tactic that traumatized city-dwellers, the Germans purposefully shelled nonmilitary targets. But an unintended consequence was that outsiders were prompted to act. Intervention by the Swiss on behalf of Strasbourg's beleaguered citizens was a transformative moment: the first example of wartime international humanitarian aid intended for civilians. Weaving firsthand accounts of suffering and resilience through her narrative, Chrastil examines the myriad ethical questions surrounding what is "legal" in war and what rights civilians trapped in a war zone possess. The implications of the siege of Strasbourg far exceed their local context, to inform the dilemmas that haunt our own age--in which collateral damage and humanitarian intervention have become a crucial part of our strategic vocabulary.
This is the story of the Allied forces--the U.S. 6th Army Group and French 1st Army--that landed in southern France on August 15th, 1944. The book follows the action from the French beaches to the Vosges Mountains, where the first Allied penetration along the entire Western front reached the Rhine River. First to the Rhine covers the vicious fighting during the German Nordwind counteroffensive in January 1945 and the French-American offensive to clear the Colmar Pocket. It then pursues the forces of the Third Reich across the Rhine to their ultimate destruction. Unlike the forces landing in Normandy, these American divisions were hard-bitten veterans of the war in Italy, and, in the case of the 3d Infantry Division, North Africa. The French units included many veterans of the Italian campaign and comprised Frenchmen and Africans in almost equal numbers. As the campaign went on, the French ranks were swelled by tens of thousands of Free French Forces of the Interior, the famous maquis. The German forces arrayed against the Allies included the famed 11th Panzer Division, an Eastern front veteran known as the "Ghost Division," which would hit the Allied advance time and again only to slip away before it could be pinned and destroyed. This is the harrowing story First to the Rhine tells, from the strategic plane-down through the corps, division, and regimental levels to the personal experience of the men in combat, including the likes of Audie Murphy, Americas most decorated infantryman of the war. The book features little-known battles, including one at Montelimar, when an ad hoc American armored command and the 36th Infantry Division came within a hairs breadth and several days of hard fighting of cutting off the entire German 19th Army. This is the first popular work in English to explore the French role in the fighting and the relationship between the U.S. Army and the French forces fighting under American command.
Beatson, Matthews and Elliott's Administrative Law Text and Materials by Mark Elliott,Jack Beatson,Martin Matthews Pdf
'Beatson, Matthews & Elliot's Administrative Law' combines extracts from key cases, articles and other sources with detailed commentary. Aimed at undergraduates studying administrative law, it provides comprehensive coverage of the subject.
Blackstone's Civil Practice 2013: The Commentary by Prof Stuart Sime,Derek French Pdf
Adopting a distinctive narrative approach based on the chronology of a claim, Blackstone's Civil Practice 2013: The Commentary provides authoritative guidance on the process of civil litigation from commencement of a claim to enforcement of judgments. It addresses civil procedure in the county courts, the High Court, the Court of Appeal, and the Supreme Court as well as more specialist matters such as insolvency proceedings, sale of goods, and human rights, providing expert analysis on a comprehensive level. The narrative commentary is supported by the comprehensive Blackstone's Civil Practice 2013 Procedural Checklists. 38 Procedural Checklists summarize the steps to be taken, and include invaluable information on documentation, time limits, and required actions, as well as applicable Civil Procedure Rules (CPR) and Practice Directions (PD) in a concise format to provide an additional research tool. Straightforward navigation is ensured by a detailed and user-friendly index as well as a quick-reference guide inside the front cover, providing an alternative point of access for those more familiar with the CPR. Written by a team of expert practitioners and academics, it is an ideal tool for those requiring quality and in-depth analysis. The text is fully referenced to the CPR and PD making the book easy to use alongside other sources at your desk as well as in court. Turn to Blackstone's for reliable commentary from a team of experts on unfamiliar points of procedure and all your research needs. You may be interested to know that The Commentary is directly taken from the established full service volume, Blackstone's Civil Practice 2013 which includes the text of the CPR and PD, Pre-Action Protocols, selected legislation, and court fees orders. Electronic versions of the Procedural Checklists in Blackstone's Civil Practice 2013 are available from IRIS Laserform.
Judge and Jurist by Andrew Burrows,David Johnston,Reinhard Zimmermann Pdf
Lord Rodger of Earlsferry was a distinguished judge and scholar. He was a Justice of the Supreme Court of the United Kingdom and the author of many high quality law journal articles and two books. Written in memory of Lord Rodger, this collection contains 47 essays by Lord Rodger's friends and colleagues from the UK and Europe. The essays reflect Lord Rodger's role as a leading judge and also his wide-ranging academic interests including Roman law, Scots law and legal history, and a miscellany of other topics. The authors in this volume are leading academics or judges, and a particularly notable feature is the nine essays written by Supreme Court justices. As the highest judges in the UK they provide a unique insight into the work of the Supreme Court, as well as Lord Rodger's work in the Court. The book also includes the memorial tributes to Lord Rodger which explain his remarkable legal career, including his roles as Lord Advocate (Senior Law Officer of Scotland) Lord President of the Court of Session, Lord of Appeal in Ordinary and, finally, Justice of the UK Supreme Court. The essays include personal reminiscences of Lord Rodger, helping the reader to understand why he was so highly regarded and why his untimely death has dealt such a devastating blow to law in the UK.
Human Rights: Moral or Political? by Adam Etinson Pdf
Human rights have a rich life in the world around us. Political rhetoric pays tribute to them, or scorns them. Citizens and activists strive for them. The law enshrines them. And they live inside us too. For many of us, human rights form part of how we understand the world and what must (or must not) be done within it. The ubiquity of human rights raises questions for the philosopher. If we want to understand these rights, where do we look? As a set of moral norms, it is tempting to think they can be grasped strictly from the armchair, say, by appeal to moral intuition. But what, if anything, can that kind of inquiry tell us about the human rights of contemporary politics, law, and civil society — that is, human rights as we ordinarily know them? This volume brings together a distinguished, interdisciplinary group of scholars to address philosophical questions raised by the many facets of human rights: moral, legal, political, and historical. Its original chapters, each accompanied by a critical commentary, explore topics including: the purpose and methods of a philosophical theory of human rights; the "Orthodox-Political" debate; the relevance of history to philosophy; the relationship between human rights morality and law; and the value of political critiques of human rights.