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Author : The Stationery Office
Publisher : The Stationery Office
Page : 199 pages
File Size : 43,8 Mb
Release : 2016-02-11
Category : Business & Economics
ISBN : 9780108003295
Author : Phil Glover
Publisher : Routledge
Page : 206 pages
File Size : 48,8 Mb
Release : 2021-07-27
Category : History
ISBN : 9781351183840
This book contends that modern concerns surrounding the UK State’s investigation of communications (and, more recently, data), whether at rest or in transit, are in fact nothing new. It evidences how, whether using common law, the Royal Prerogative, or statutes to provide a lawful basis for a state practice traceable to at least 1324, the underlying policy rationale has always been that first publicly articulated in Cromwell’s initial Postage Act 1657, namely the protection of British ‘national security’, broadly construed. It further illustrates how developments in communications technology led to Executive assumptions of relevant investigatory powers, administered in conditions of relative secrecy. In demonstrating the key role played throughout history by communications service providers, the book also charts how the evolution of the UK Intelligence Community, entry into the ‘UKUSA’ communications intelligence-sharing agreement 1946, and intelligence community advocacy all significantly influenced the era of arguably disingenuous statutory governance of communications investigation between 1984 and 2016. The book illustrates how the 2013 ‘Intelligence Shock’ triggered by publication of Edward Snowden’s unauthorized disclosures impelled a transition from Executive secrecy and statutory disingenuousness to a more consultative, candid Executive and a policy of ‘transparent secrecy’, now reflected in the Investigatory Powers Act 2016. What the book ultimately demonstrates is that this latest comprehensive statute, whilst welcome for its candour, represents only the latest manifestation of the British state’s policy of ensuring protection of national security by granting powers enabling investigative access to communications and data, in transit or at rest, irrespective of location.
Author : Tom Bingham
Publisher : Penguin UK
Page : 236 pages
File Size : 43,9 Mb
Release : 2011-07-07
Category : Law
ISBN : 9780141962016
'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.
Author : David Pollard,Neil Parpworth,David Hughes
Publisher : Oxford University Press
Page : 974 pages
File Size : 50,6 Mb
Release : 2007-06-14
Category : Language Arts & Disciplines
ISBN : 9780199286379
The fourth edition of Constitutional and Administrative Law: Text with Materials provides a wealth of essential materials drawn from a wide range of sources and integrated with lively commentary. It enables students to gain a full understanding of public law by explaining the context of its historical development and current political climate.
Author : Paul Scott
Publisher : Bloomsbury Publishing
Page : 345 pages
File Size : 43,5 Mb
Release : 2018-05-17
Category : Law
ISBN : 9781509911011
Introduction -- The counter-terrorism constitution -- Investigatory powers and the constitution -- The military constitution -- Citizenship -- Secrecy -- Justiciability -- Sovereignty.
Author : A. W. Bradley,K. D. Ewing,Christopher Knight
Publisher : Pearson Higher Ed
Page : 835 pages
File Size : 45,5 Mb
Release : 2018-06-11
Category : Law
ISBN : 9781292185842
First published in the 1930s, Bradley, Ewing and Knight is one of the UK’s best known law textbooks of all time. Written by a team of senior academics and a leading public law practitioner, the book is the definitive guide to all aspects of the constitution, and has been cited by courts across the world, including the UK’s Supreme Court. At its heart however, the book remains a student textbook with one fundamental aim; to provide all law students with a readable and comprehensive grounding in Public Law suitable for use on both first year modules, and more advanced courses. The full text downloaded to your computer With eBooks you can: search for key concepts, words and phrases make highlights and notes as you study share your notes with friends eBooks are downloaded to your computer and accessible either offline through the Bookshelf (available as a free download), available online and also via the iPad and Android apps. Upon purchase, you'll gain instant access to this eBook. Time limit The eBooks products do not have an expiry date. You will continue to access your digital ebook products whilst you have your Bookshelf installed.
Author : Owen Hood Phillips,Paul Jackson
Publisher : Unknown
Page : 904 pages
File Size : 44,6 Mb
Release : 1987
Category : Law
ISBN : STANFORD:36105043971287
Author : Oughton
Publisher : Cavendish Publishing
Page : 826 pages
File Size : 52,6 Mb
Release : 2000-10-17
Category : Law
ISBN : 9781843141518
This book examines the role and function of the law of contract, comparing it with other aspects of the law of obligations. It also covers the issues of contract formation such as the enforcement of promises, agreement and good faith; the construction and context of contracts; adjustments in long term relationships; the control of contract power and remedies for breach of contract
Author : Anonim
Publisher : Unknown
Page : 1142 pages
File Size : 45,7 Mb
Release : 1917
Category : San Francisco (Calif.)
ISBN : UCLA:31158007441487
Author : Murray Hunt,Hayley J Hooper,Paul Yowell
Publisher : Bloomsbury Publishing
Page : 735 pages
File Size : 40,6 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781782254386
In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons
Author : Ross Gilbert Anderson
Publisher : Unknown
Page : 299 pages
File Size : 45,9 Mb
Release : 2008
Category : Assignments (Law)
ISBN : 0955633206
Fully discusses issue of assigning contracts in Scots law.
Author : Great Britain: Ministry of Justice
Publisher : The Stationery Office
Page : 92 pages
File Size : 48,9 Mb
Release : 2011-10-19
Category : Law
ISBN : 0101819420
In safeguarding national security the Government produces and receives sensitive information. This information must be protected appropriately, as failure to do so may compromise investigations, endanger lives and ultimately lessen its ability to keep the country safe. The increased security and intelligence activity of recent years has led to greater scrutiny including in the civil courts, which have heard a growing numbers of cases challenging Government decisions and actions in the national security sphere. Such cases involve information that under current rules cannot be disclosed in a courtroom. The UK justice system is then either unable to pass judgment and cases collapse or are settled without a judge reaching any conclusions. This green paper aims to respond to the challenges of how sensitive information is treated in the full range of civil proceedings. It looks for solutions that improve the current arrangements while upholding the Government's commitment to the rule of law. It also addresses the need for public reassurance that the national security work is robustly scrutinised, and that the scrutinising bodies are credible and effective. The proposals in this consultation are in three broad areas: enhancing procedural fairness, safeguarding material and reform of intelligence oversight.
Author : Motilal Chimanlal Setalvad
Publisher : Unknown
Page : 276 pages
File Size : 41,8 Mb
Release : 1970
Category : Common law
ISBN : UCAL:B3455489
Author : Laura Hoyano,Caroline Keenan
Publisher : Oxford University Press, USA
Page : 1002 pages
File Size : 44,5 Mb
Release : 2007
Category : Law
ISBN : 019829946X
Whilst there may be universal agreement that 'something must be done' about child abuse, there is much less clarity about what qualifies as child abuse and what should be done about it. Policy makers often invoke the law at times of crisis which are seen to demand a societal response. The presence of legislation on the statute book or the creation of rules and protocols which professionals must follow is one socially acceptable sign that the problem has been recognised and that an effective response has been implemented. In the last two decades of the twentieth century, the numerous controversies about the response of public agencies and the courts to allegations of child abuse, as well as campaigns to reform the treatment of child witnesses in adversarial trial systems, provided the impetus for legal reform in both criminal and civil proceedings in England and Wales. These legal initiatives were ad hoc responses to specific problems, and not part of a coherent and integrated programme of reform across the criminal and civil systems. Legislators and the courts in family, criminal, and tort proceedings have constructed different liability and evidential rules in parallel rather than in tandem with the other courts adjudicating the same issues, and often regarding the same child. Similarly reforms in other common law jurisdictions have often been only partially understood by lawmakers in England and Wales. This book looks across the legal and geographical boundaries within which the legal discussion of child abuse is usually confined. It considers the themes and policy considerations driving each form of legal response to the problem of child abuse. It also provides a detailed discussion of the law governing the trial of allegations of child abuse in the key areas of family, criminal and tort law in English law, and compares this with the approaches in other common law jurisdictions using the adversarial mode of trial, in particular in Canada, theUnited States, New Zealand and Australia. In its breadth and depth, Child Abuse Law and Policy Across Boundaries marks a significant contribution to the rapidly evolving field of child protection law.
Author : Robin V. Delany-Shabazz,Victor Vieth
Publisher : Unknown
Page : 2 pages
File Size : 53,7 Mb
Release : 2001
Category : Child abuse
ISBN : UCSD:31822031261712