Maccormick S Scotland

Author : Neil Walker
Publisher : Edinburgh University Press
Page : 288 pages
File Size : 52,7 Mb
Release : 2012-03-26
Category : Law
ISBN : 9780748643813

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MacCormick's Scotland by Neil Walker Pdf

This book analyses in depth the distinctively Scottish themes in the work of Sir Neil MacCormick, the world-renowned legal philosopher and prominent Scottish public intellectual who died in 2009 after holding the Regius Chair in Public Law and the Law of Nature and Nations at Edinburgh University for 36 years. MacCormick's work, and works about MacCormick, attract both a domestic and an international audience. Readers will gain an understanding of how MacCormick's Scottish roots, interests and commitments coloured his work - both his distinctively Scottish writings and the overall intellectual outlook that informed his broader legal and philosophical writings.The book provides a well rounded appreciation of the Scottish dimension in MacCormick's thinking and writing. It focuses on a number of prominent Scottish themes in MacCormick's work and life and is structured around four key themes: 1) the nature and identity of a legal system; 2) sovereignty, European integration and Scottish independence; 3) the legacy of the legal and political thought of the Scottish enlightenment; and 4) the role of the academic in the Scottish public sphere.

Author : Donald Neil MacCormick
Publisher : Unknown
Page : 250 pages
File Size : 46,7 Mb
Release : 2012
Category : Law
ISBN : 0748649298

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MacCormick's Scotland by Donald Neil MacCormick Pdf

Author : W. Elliot Bulmer
Publisher : Edinburgh University Press
Page : 280 pages
File Size : 45,9 Mb
Release : 2016-07-08
Category : History
ISBN : 9780748697601

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Constituting Scotland by W. Elliot Bulmer Pdf

Before the independence referendum in 2014, the First Minister of Scotland Alex Salmond promised a written constitution for Scotland in the event of a 'Yes' vote. The UK is almost unique in having never adopted a written constitution or other fundamental law. Why did this commitment arise in Scotland?

Author : Hans-Joachim Heintze,Pierre Thielbörger
Publisher : Springer
Page : 271 pages
File Size : 43,8 Mb
Release : 2015-08-04
Category : Law
ISBN : 9783319190877

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From Cold War to Cyber War by Hans-Joachim Heintze,Pierre Thielbörger Pdf

This book follows the history of the international law of peace and armed conflict over the last 25 years. It highlights both the parameters that have remained the same over the years as well as the new challenges now facing international law. The articles analyze new developments concerning the prohibition of the use of force in international relations, self-determination of peoples, human rights and human security as well as international coordination of humanitarian assistance.

Author : Alan Boyle,Chris Himsworth,Hector MacQueen,Andrea Loux
Publisher : Bloomsbury Publishing
Page : 392 pages
File Size : 53,8 Mb
Release : 2002-11-04
Category : Law
ISBN : 9781847310200

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Human Rights and Scots Law by Alan Boyle,Chris Himsworth,Hector MacQueen,Andrea Loux Pdf

This book,written by a team of academics, judges and distinguished practitioners from the UK and abroad discusses the implications of the incorporation of the ECHR into Scots law. The contributors consider the impact of the Human Rights Act in light of the new constitutional settlement for Scotland and their experiences of other rights regimes in Europe, the Commonwealth, and the United States. The contributions span the fields of Private, Public, European Community and Comparative law and draw on human rights law and practice in the UK, the European Community, Canada, New Zealand, South Africa, the United States and Sweden, where the ECHR was recently incorporated. Topics include: analyses of the Human Rights Act and Scotland Act; human rights and the law of crime, property, employment, family and private life; Scottish court practice and procedure; Scots law and the European dimension; and building a rights culture in Scotland.

Author : Lynn Hagger
Publisher : Routledge
Page : 268 pages
File Size : 41,9 Mb
Release : 2016-03-23
Category : Law
ISBN : 9781317038597

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The Child As Vulnerable Patient by Lynn Hagger Pdf

How can medical law and ethics take forward the issue of children's empowerment and protection? What are the key factors in considering the balance between protecting the welfare of the young and allowing them rights to autonomy? The Child as Vulnerable Patient investigates the role that a human rights approach can play in establishing the parameters of autonomy and discusses the opportunities presented in the Human Rights Act, the European Convention on the Rights of the Child and new policy initiatives in the NHS. A valuable addition to existing literature in this area, this volume will be of interest to lawyers, health professionals and students of medical law.

Author : Sujit Choudhry
Publisher : OUP Oxford
Page : 496 pages
File Size : 52,5 Mb
Release : 2008-03-27
Category : Law
ISBN : 9780191021510

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Constitutional Design for Divided Societies by Sujit Choudhry Pdf

How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.

Author : Ewen Cameron
Publisher : Edinburgh University Press
Page : 448 pages
File Size : 40,5 Mb
Release : 2010-03-30
Category : History
ISBN : 9780748628254

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Impaled Upon a Thistle: Scotland since 1880 by Ewen Cameron Pdf

Ewen Cameron explores the political debate between unionism, liberalism, socialism and nationalism, and the changing political relationship between Scotland and the United Kingdom. He sets Scottish experience alongside the Irish, Welsh and European, and considers British dimensions of historical change--involvement in two world wars, imperial growth and decline, for example - from a Scottish perspective. He relates political events to trends and movements in the economy, culture and society of the nation's regions--borders, lowlands, highlands, and islands. Underlying the history, and sometimes impelling its ambitions, are the evolution and growth of national self-confidence and identity which fundamentally affected Scotland's destiny in the last century. Dr Cameron ends by considering how such forces may transform it in this one. Like the period it describes this book has politics at its heart. The recent upsurge of scholarship and publication, backed by the author's extensive primary research, underpin its vivid and well-paced narrative.

Author : Agustín José Menéndez,John Erik Fossum
Publisher : Springer Science & Business Media
Page : 298 pages
File Size : 50,6 Mb
Release : 2011-03-29
Category : Philosophy
ISBN : 9789048189427

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Law and Democracy in Neil MacCormick's Legal and Political Theory by Agustín José Menéndez,John Erik Fossum Pdf

This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.

Author : Eugene E. Dais,Stig Jørgensen,Alice Erh-Soon Tay
Publisher : Franz Steiner Verlag
Page : 224 pages
File Size : 50,7 Mb
Release : 1991
Category : Law
ISBN : 3515054863

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Constitutionalism versus legalism? by Eugene E. Dais,Stig Jørgensen,Alice Erh-Soon Tay Pdf

Content: Sprache, Recht und Rechtsverbindlichkeit: R. Fukawa: An Analysis of the aeRules of Recognition Statement' u W. Krawietz: What does it mean to follow an aeInstitutionalised Legal Rule'? u N. MacCormick: Citizens' Legal Reasoning and its Importance for Jurisprudence u Y. Morigiwa: Hart's Theories of Language and Law u R.Tuomela: Supervenience, Collective Action, and Kelsen's Organ Theory uRecht und politische Kultur: G. Haney: Recht als Form von Kultur u A. Kojder: Dysfunctionalities of Legal Cultur u A. Lopatka: Law and Religion in Poland u M. Samu: Culture and Law: Legal Culture uWerteordnung als ideologische Basis des Rechtsstaats: R. Dreier: Konstitutionalismus und Legalismus u O. Maenpaa: Unilaterality and Consensualism in the Application of Law u K.-F. Lenz: Zivilprozea und Spiel u M. Pavcnik: Ideologie der Rechtsanwendung versus argumentierte Rechtsentscheidung u J. Uusitalo: Legal Dogmatics, Epistemology, Radical Hermeneutics u Entwicklung der Rechtsordnung und soziale Gerechtigkeit: V. Luizzi: Legal Validity and Justice u H. Rottleuthner: Recht und Technik in entwicklungstheor. Perspektive u S. Panou: Uber die aeGerechtigkeit' des Rechts u A. Squella: Legal Positivism and Democracy in the 20. Century u D. Wyduckel: Konsens und gesellschaftlich-technischer Fortschritt u Soziale Mechanismen der Rechtsanwendung und Rechtsfindung: H. Aoi: Richterliche Rechtsfindung als Pattern-Matching-Prozea uu.a. (Franz Steiner 1991)

Author : Ben Thomson
Publisher : Birlinn
Page : 186 pages
File Size : 51,5 Mb
Release : 2020-11-11
Category : Political Science
ISBN : 9781788853781

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Scottish Home Rule by Ben Thomson Pdf

A proponent of Scottish Home Rule offers a clear and concise introduction to the merits of the policy and the history of the movement. Every debate about the Scottish constitution should include the topic of Scottish Home Rule, and if there is to be another referendum in Scotland then Home Rule should be one of the options on the ballot paper. Yet, for all its importance, Home Rule is not widely understood. The proposal is seen by many Unionists as the slippery slope to Independence. Meanwhile, Independence supporters regard it as a Unionist proposal to retain sovereignty over Scotland. It is however a strong proposal in its own right, with a separate history from Independence and a more likely steppingstone to Federalism. This book lays out the merits of Scottish Home Rule as the best solution for Scotland. It covers the history of support for the Home Rule option since 1860s, a clear outline of how it works, and a discussion about how it could both improve Scotland and act as a framework for constitutional reform across the UK.

Author : Aileen McHarg,Tom Mullen,Alan Page,Neil Walker
Publisher : Oxford University Press
Page : 340 pages
File Size : 44,8 Mb
Release : 2016-06-16
Category : Law
ISBN : 9780191072017

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The Scottish Independence Referendum by Aileen McHarg,Tom Mullen,Alan Page,Neil Walker Pdf

The September 2014 Scottish independence referendum was an event of profound constitutional and political significance, not only for Scotland, but for the UK as a whole. Although Scottish voters chose to remain in the UK, the experience of the referendum and the subsequent political reaction to the 'No' vote that triggered significant reforms to the devolution settlement have fundamentally altered Scotland's position within the Union. The extraordinary success of the Scottish National Party at the 2015 General Election also indicates that the territorial dimension to UK constitutional politics is more prominent than ever, destabilising key assumptions about the location and exercise of constitutional authority within the UK. The political and constitutional implications of the referendum are still unfolding, and it is by no means certain that the Union will survive. Providing a systematic and academic analysis of the referendum and its aftermath, this interdisciplinary edited collection brings together public lawyers, political scientists, economists, and historians in an effort to look both backwards to, and forwards from, the referendum. The chapters evaluate the historical events leading up to the referendum, the referendum process, and the key issues arising from the referendum debate. They also explore the implications of the referendum both for the future governance of Scotland and for the UK's territorial constitution, drawing on comparative experience in order to understand how the constitution may evolve, and how the independence debate may play out in future.

Author : András Jakab
Publisher : Cambridge University Press
Page : 531 pages
File Size : 40,5 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781107130784

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European Constitutional Language by András Jakab Pdf

Provides a systematic analysis of both the historical development and current interpretation of constitutional law discourse in Europe.

Author : Irene Morra,Rob Gossedge
Publisher : Bloomsbury Publishing
Page : 360 pages
File Size : 46,9 Mb
Release : 2016-09-30
Category : History
ISBN : 9780857728340

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The New Elizabethan Age by Irene Morra,Rob Gossedge Pdf

In the first half of the twentieth century, many writers and artists turnedto the art and received example of the Elizabethans as a means ofarticulating an emphatic (and anti-Victorian) modernity. By the middleof that century, this cultural neo-Elizabethanism had become absorbedwithin a broader mainstream discourse of national identity, heritage andcultural performance. Taking strength from the Coronation of a new, youngQueen named Elizabeth, the New Elizabethanism of the 1950s heralded anation that would now see its 'modern', televised monarch preside over animminently glorious and artistic age.This book provides the first in-depth investigation of New Elizabethanismand its legacy. With contributions from leading cultural practitioners andscholars, its essays explore New Elizabethanism as variously manifestin ballet and opera, the Coronation broadcast and festivities, nationalhistoriography and myth, the idea of the 'Young Elizabethan', celebrations ofair travel and new technologies, and the New Shakespeareanism of theatreand television. As these essays expose, New Elizabethanism was muchmore than a brief moment of optimistic hyperbole. Indeed, from moderndrama and film to the reinternment of Richard III, from the London Olympicsto the funeral of Margaret Thatcher, it continues to pervade contemporaryartistic expression, politics, and key moments of national pageantry.

Author : Gráinne De Búrca,Joseph Weiler
Publisher : Oxford University Press, USA
Page : 266 pages
File Size : 43,9 Mb
Release : 2001
Category : Law
ISBN : 0199246017

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The European Court of Justice by Gráinne De Búrca,Joseph Weiler Pdf

This collection of essays originated in a series of seminars given at the summer courses of the Academy of European Law at the European University Institute, Florence in 1999.