Law Localism And The Constitution

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Law, Localism, and the Constitution

John Stanton

Author : John Stanton
Publisher : Taylor & Francis
Page : 208 pages
File Size : 49,6 Mb
Release : 2023-03-24
Category : Law
ISBN : 9780429760297

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Law, Localism, and the Constitution by John Stanton Pdf

Local government affects us all. Wherever we live, in towns, cities, villages, or the smallest of communities, there are locally elected councils tasked with representing people’s interests in the running of the local area. This involves, inter alia, providing public services, maintaining local spaces, and acting as a level of democratic governance within the broader constitutional and executive structure of the state. To fulfil these responsibilities, though, local government must be democratically legitimate; it must have at its disposal reasonable means and resources to function; and it must enjoy a healthy and balanced relationship with centralised government. This book explores and analyses the extent to which local government in the different parts of the United Kingdom is able to function effectively and democratically. It draws from local councillors’ views in analysing the state of local government under the current constitutional and governmental arrangements, discussing issues such as councils’ relationships with central government; citizen engagement; finance and public services; and the impact of recent reforms. It contrasts and compares the different approaches adopted in England, Scotland, Wales, and Northern Ireland, also setting out and discussing possible reforms of local government across the United Kingdom. While the focus is on the United Kingdom, the work includes a comparison with other relevant jurisdictions.

Constituent Power and the Law

Joel I. Colon-Rios

Author : Joel I. Colon-Rios
Publisher : Unknown
Page : 353 pages
File Size : 53,7 Mb
Release : 2020
Category : Constituent power
ISBN : 9780198785989

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Constituent Power and the Law by Joel I. Colon-Rios Pdf

This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.

Constitutional Imaginaries

Jiří Přibáň

Author : Jiří Přibáň
Publisher : Routledge
Page : 176 pages
File Size : 45,7 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781000456097

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Constitutional Imaginaries by Jiří Přibáň Pdf

This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

Safeguarding Adults and the Law

Michael Mandelstam

Author : Michael Mandelstam
Publisher : Jessica Kingsley Publishers
Page : 676 pages
File Size : 49,5 Mb
Release : 2013
Category : Social Science
ISBN : 9781849053006

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Safeguarding Adults and the Law by Michael Mandelstam Pdf

The protection of vulnerable adults is an increasingly important issue right across health and social care. Safeguarding Vulnerable Adults and the Law, now in its second edition, sets this complex area of work within a comprehensive legal framework and provides extensive guidance for practitioners and students. The book covers Department of Health guidelines, human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, willful neglect, ill treatment, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. It focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. This fully-updated second edition comprehensively reflects recent changes to the law, and includes many new case studies. This book will be an invaluable resource for all those working in community care, adult social work, health care and housing. Those working for local authorities, the NHS, voluntary organizations and students will find it to be essential reading.

Constitutional Erosion in Brazil

Emilio Peluso Neder Meyer

Author : Emilio Peluso Neder Meyer
Publisher : Bloomsbury Publishing
Page : 320 pages
File Size : 47,8 Mb
Release : 2021-07-15
Category : Law
ISBN : 9781509942602

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Constitutional Erosion in Brazil by Emilio Peluso Neder Meyer Pdf

This book provides a fascinating analysis of a single jurisdiction, Brazil, and accounts for both the successes and the failures of its most recent constitutional project, inaugurated by the Constitution of 1988. It sets out the following aspects of the constitutional development and erosion: - the different phases of the promised transition from military rule to a 'social-democratic constitutionalism'; - the obstacles to democratisation derived from the absence of true institutional reforms in the judicial branch and in the civil-military relationship; - the legal and social practices which maintained a structure that obstructed the emergence of an effective social-democracy, such as the neoliberal pattern, the acceptance in the political field of unlawful organisations, such as the milícias, and the way the digital revolution has been harming the formation of democratic sovereignty. Situating Brazil in the global context of the revival of authoritarianism, it details the factors which are common to the third wave of democratisation reflux. Accounting for those aspects, particular to the Brazilian jurisdiction, it shows that there is a tension in the Brazilian constitution. On the one hand, such constitutionalism was renewed by democratic pressure on governments to undertake social politics since 1988. On the other hand, it retained authoritarian practices through the hands of diverse institutions and political actors. By exploring the ideas of constitutional erosion and collapse, as well as democratic, social and digital constitutionalism, the book presents a comparative analysis of Brazil and other jurisdictions, including the United States, South Africa, and Peru.

Public Law

John Stanton,John (Senior Lecturer in Law Stanton, The City Law School City University of London),Craig (Senior Lecturer in Law and Director of the Centre for Parliament and Public Law Prescott, University of Winchester)

Author : John Stanton,John (Senior Lecturer in Law Stanton, The City Law School City University of London),Craig (Senior Lecturer in Law and Director of the Centre for Parliament and Public Law Prescott, University of Winchester)
Publisher : Unknown
Page : 788 pages
File Size : 49,5 Mb
Release : 2020-05-14
Category : Electronic
ISBN : 9780198852278

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Public Law by John Stanton,John (Senior Lecturer in Law Stanton, The City Law School City University of London),Craig (Senior Lecturer in Law and Director of the Centre for Parliament and Public Law Prescott, University of Winchester) Pdf

Fresh, modern, and practical, Public Law provides law undergraduates with a unique approach to constitutional and administrative law, aptly demonstrating why this is an exciting time to be studying the subject.Writing in a fluid, succinct style, the authors carve a logical pathway through the key areas studied on the LLB, guiding students to a solid understanding of the fundamental principles. This theoretical grounding is then rooted in reality, with each concept applied to a hypothetical scenario(included at the start of each chapter) to set it into a practical context.While this practical element helps students to understand how the law applies and develop problem-solving skills, a trio of supportive learning features also encourages active engagement with and a critical appreciation of public law. 'Key case' boxes highlight and analyse the significant case lawin each area; "Counterpoint" boxes flag alternative viewpoints and areas of debate; and "Pause for reflection" boxes prompt readers to consider the impact of laws, and what potential developments and reforms may lie ahead.Public Law's modern approach and unique combination of practical application and theoretically critical discussion makes it the ideal choice for students seeking to understand concepts not only in the abstract but in practice, helping them to develop the skills they need to succeed at university andbeyond.Online ResourcesThis title is supported by an online resources platform for students featuring guidance on approaching and analysing the real life scenarios in the book, a bank of multiple choice questions, legal updates, and links to useful material elsewhere on the web.

Transformative Constitutionalism in Latin America

Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley

Author : Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley
Publisher : Oxford University Press
Page : 448 pages
File Size : 45,5 Mb
Release : 2017-06-16
Category : Law
ISBN : 9780192515469

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Transformative Constitutionalism in Latin America by Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley Pdf

This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

Beyond the People

Zoran Oklopcic

Author : Zoran Oklopcic
Publisher : Oxford University Press
Page : 432 pages
File Size : 53,6 Mb
Release : 2018-05-31
Category : Law
ISBN : 9780192519849

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Beyond the People by Zoran Oklopcic Pdf

Beyond the People develops a provocative, interdisciplinary, and meta-theoretical critique of the idea of popular sovereignty. It asks simple but far-reaching questions: Can 'imagined' communities, or 'invented' peoples, ever be theorized without, at the same time, being re-imagined and re-invented anew? Can polemical concepts, such as popular sovereignty or constituent power, be theorized objectively? If, as this book argues, the answer to these questions is no, theorists who approach the figure of a sovereign people must acknowledge that their activity is inseparable from the practice of constituent imagination. Though widely accepted as important, even vital, for the development of political concepts, the social practice of imagination is almost always presumed to operate either historically or impersonally, but seldom individually. Those who theorize the figures of popular sovereignty do not see that they are, in effect, 'conjurors' of peoplehood. This book invites constitutional, international, normative, and other political and legal theorists of sovereign peoplehood to embrace the conjuring-side of their professional identities, as a way of exploring the possibility of moving beyond eternally recurring, insolvable, and increasingly irrelevant questions. Instead of asking: Who is the people? What is the function of constituent power? Where may the people exercise its right to self-determination? Beyond the People asks the reader to consider the prospect of a riskier and more adventurous theoretical road, that opens with the question: What do I as a 'theorist-imaginer', or 'conjuror of peoplehood', assume, anticipate, and aspire to as I theorize the vehicles that mediate the assumptions, anticipations, and aspirations of others? This question is examined throughout the book as it interrogates the idea of peoplehood beyond disciplinary boundaries, showing how polemical, visual, affective, conceptual, and allegorical language critically shapes our idea of peoplehood. It offers a nuanced account of the contested relationship between the social imaginary of peoplehood on the ground, and the imaginative practices of the professional 'conjurors' of peoplehood in the academy.

Locating Localism

Jane Wills

Author : Jane Wills
Publisher : Policy Press
Page : 264 pages
File Size : 49,7 Mb
Release : 2016-07-12
Category : Political Science
ISBN : 9781447323037

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Locating Localism by Jane Wills Pdf

In the wake of many decades of increasing centralization, localism has been making a decided comeback in recent years. This book explores the development of localism as a new mode of statecraft and its implications for the everyday practice of citizenship. Jane Wills highlights the importance of civic infrastructure to effective engagement of citizens in local decision making, looks at the development of community organizing, neighborhood planning, and community councils, and positions this turn to the local in relationship to the longer geopolitical history of the British state.

The Triangular Constitution

Tom Flynn

Author : Tom Flynn
Publisher : Bloomsbury Publishing
Page : 282 pages
File Size : 45,6 Mb
Release : 2019-05-16
Category : Law
ISBN : 9781509916184

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The Triangular Constitution by Tom Flynn Pdf

This book offers a new account of modern European constitutionalism. It uses the Irish constitutional order to demonstrate that, right across the European Union, the national constitution can no longer be understood on its own, in isolation from the EU legal order or from the European Convention on Human Rights. The constitution is instead triangular, with these three legal orders forming the points of a triangle, and the relationship and interactions between them forming the triangle's sides. It takes as its starting point the theory of constitutional pluralism, which suggests that overlapping constitutional orders are not necessarily arranged 'on top of' each other, but that they may be arranged heterarchically or flatly, without a hierarchy of superior and subordinate constitutions. However, it departs from conventional accounts of this theory by emphasising that we must still pay close attention to jurisdictional specificity in order to understand the norms that regulate pluralist constitutions. It shows, through application of the theory to case studies, that any attempt to extract universal principles from the jurisdictionally contingent interactions between specific legal orders is fraught with difficulty. The book is an important contribution to constitutional theory in general, and constitutional pluralism in particular, and will be of great interest to scholars in the field.

The Global South and Comparative Constitutional Law

Philipp Dann,Michael Riegner,Maxim Bönnemann

Author : Philipp Dann,Michael Riegner,Maxim Bönnemann
Publisher : Oxford University Press
Page : 321 pages
File Size : 51,6 Mb
Release : 2020-10-30
Category : Law
ISBN : 9780192590756

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The Global South and Comparative Constitutional Law by Philipp Dann,Michael Riegner,Maxim Bönnemann Pdf

This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.

Devolution and Localism in England

Professor David M Smith,Professor Enid Wistrich

Author : Professor David M Smith,Professor Enid Wistrich
Publisher : Ashgate Publishing, Ltd.
Page : 137 pages
File Size : 40,7 Mb
Release : 2014-08-28
Category : Political Science
ISBN : 9781472430816

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Devolution and Localism in England by Professor David M Smith,Professor Enid Wistrich Pdf

Combining historical and policy study with empirical research from a qualitative study of regional elites this book offers an original and timely insight into the progress of devolution of governance in England. With particular interest in how governments have tried and continue to engage English people in sub-national democratic processes while dealing with the realities of governance it uses in-depth interviews with key figures from three English regions to get the ‘inside view’ of how these processes are seen by the regional and local political, administrative, business and voluntary sector elites who have to make policies work in practice. Tracing the development of decentralisation policies through regional policies up to and including the general election in 2010 and the radical shift away from regionalism to localism by the new Coalition Government thereafter the authors look in detail at some of the key policies of the incumbent Coalition Government such as City Regions and Localism and their implementation. Finally they consider the implications of the existing situation and speculate on possible issues for the future.

The Oxford Handbook Public Accountability

Mark Bovens,Robert E. Goodin,Thomas Schillemans

Author : Mark Bovens,Robert E. Goodin,Thomas Schillemans
Publisher : Oxford University Press
Page : 737 pages
File Size : 41,7 Mb
Release : 2014-04
Category : Business & Economics
ISBN : 9780199641253

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The Oxford Handbook Public Accountability by Mark Bovens,Robert E. Goodin,Thomas Schillemans Pdf

Drawing on the best scholars in the field from around the world, this handbook showcases conceptual and normative as well as the empirical approaches in public accountability studies.

The Coalition and the Constitution

Vernon Bogdanor

Author : Vernon Bogdanor
Publisher : Bloomsbury Publishing
Page : 162 pages
File Size : 52,9 Mb
Release : 2011-03-25
Category : Law
ISBN : 9781847316400

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The Coalition and the Constitution by Vernon Bogdanor Pdf

`England', Benjamin Disraeli famously said, `does not love coalitions'. But 2010 saw the first peace-time coalition in Britain since the 1930s. The coalition, moreover, may well not be an aberration. For there are signs that, with the rise in strength of third parties, hung parliaments are more likely to recur than in the past. Perhaps, therefore, the era of single-party majority government, to which we have become accustomed since 1945, is coming to an end. But is the British constitution equipped to deal with coalition? Are alterations in the procedures of parliament or government needed to cope with it? The inter-party agreement between the coalition partners proposes a wide ranging series of constitutional reforms, the most important of which are fixed-term parliaments and a referendum on the alternative vote electoral system, to be held in May 2011. The coalition is also proposing measures to reduce the size of the House of Commons, to directly elect the House of Lords and to strengthen localism. These reforms, if implemented, could permanently alter the way we are governed. This book analyses the significance of coalition government for Britain and of the momentous constitutional reforms which the coalition is proposing. In doing so it seeks to penetrate the cloud of polemic and partisanship to provide an objective analysis for the informed citizen.

How Rights Went Wrong

Jamal Greene

Author : Jamal Greene
Publisher : Houghton Mifflin
Page : 341 pages
File Size : 40,5 Mb
Release : 2021
Category : Law
ISBN : 9781328518118

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How Rights Went Wrong by Jamal Greene Pdf

An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Law Localism And The Constitution

Law, Localism, and the Constitution by John Stanton Pdf

Constituent Power and the Law by Joel I. Colon-Rios Pdf

Constitutional Imaginaries by Jiří Přibáň Pdf

Safeguarding Adults and the Law by Michael Mandelstam Pdf

Constitutional Erosion in Brazil by Emilio Peluso Neder Meyer Pdf

Public Law by John Stanton,John (Senior Lecturer in Law Stanton, The City Law School City University of London),Craig (Senior Lecturer in Law and Director of the Centre for Parliament and Public Law Prescott, University of Winchester) Pdf

Transformative Constitutionalism in Latin America by Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley Pdf

Beyond the People by Zoran Oklopcic Pdf

Locating Localism by Jane Wills Pdf

The Triangular Constitution by Tom Flynn Pdf

The Global South and Comparative Constitutional Law by Philipp Dann,Michael Riegner,Maxim Bönnemann Pdf

Devolution and Localism in England by Professor David M Smith,Professor Enid Wistrich Pdf

The Oxford Handbook Public Accountability by Mark Bovens,Robert E. Goodin,Thomas Schillemans Pdf

The Coalition and the Constitution by Vernon Bogdanor Pdf

How Rights Went Wrong by Jamal Greene Pdf

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