Power Without Law

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Power Without Law

Author : Alex M. Cameron
Publisher : Unknown
Page : 255 pages
File Size : 54,7 Mb
Release : 2009
Category : Malecite Indians
ISBN : 6612867116

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Power Without Law by Alex M. Cameron Pdf

Power Without Law

Author : Alex M. Cameron
Publisher : McGill-Queen's Press - MQUP
Page : 255 pages
File Size : 46,7 Mb
Release : 2009
Category : Law
ISBN : 9780773576674

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Power Without Law by Alex M. Cameron Pdf

The Supreme Court of Canada decision in the Marshall case asserted sweeping Native treaty rights and generated intense controversy. In Power without Law Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia. Concluding that the Marshall decision was the result of incautious judicial activism, Power without Law challenges us to reconsider the role of our courts in the Charter era.

Limiting Arbitrary Power

Author : Marc Ribeiro
Publisher : UBC Press
Page : 220 pages
File Size : 40,5 Mb
Release : 2004
Category : Law
ISBN : 0774810513

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Limiting Arbitrary Power by Marc Ribeiro Pdf

Under the emerging void-for-vagueness doctrine, a law lacking precision can be declared invalid. In this, the first book published on the subject, Marc Ribeiro offers a balanced analysis of this doctrine and its application in the context of the Canadian constitution. Taking as its starting point a cogent analysis of the fundamental concepts of "legality" and the "rule of law," Limiting Arbitrary Power undertakes a specific study of the contents of the vagueness doctrine. Dr. Ribeiro presents an in-depth exploration of the courts' current approach, and suggests how it may be refined in the future. In that regard, he proposes techniques for legislative drafting in which certainty could be enhanced without compromising the flexibility required in law. Acknowledging that to date, the doctrine has yet to be granted an autonomous status for invalidating legislation, he also examines in detail the possible situations in which vagueness may become applicable under the Charter. An important addition to Canadian law libraries, Limiting Arbitrary Power will be eagerly received by legal professionals, legislators, and scholars of constitutional law and legal theory.

Seeking the Court’s Advice

Author : Kate Puddister
Publisher : UBC Press
Page : 290 pages
File Size : 43,8 Mb
Release : 2019-05-01
Category : Law
ISBN : 9780774861137

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Seeking the Court’s Advice by Kate Puddister Pdf

Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute or opposing litigants – and governments often wield this power strategically. The first study of its kind, Seeking the Court’s Advice draws on over two hundred reference cases from 1875 to 2017 to show that the actual outcome of a reference case – win or lose – is often secondary to the political benefits that can be attained from relying on courts through the reference power.

One Nation without Law

Author : Phil Hotsenpiller
Publisher : Chosen Books
Page : 224 pages
File Size : 46,9 Mb
Release : 2017-07-04
Category : Religion
ISBN : 9781493409648

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One Nation without Law by Phil Hotsenpiller Pdf

Dynamic, Practical, Faith-Filled Response to the Evil Rising Around Us It's difficult to hear the growing daily reports of evil in our society without a degree of fear. Seen from a human perspective, things appear hopeless. But as we consider the spiritual perspective of those same events, we can--and will--see what purpose those struggles serve in God's plan. In these pages, pastor and author Phil Hotsenpiller will help you begin to connect the dots between biblical prophecies about lawlessness with current events. As you begin to see God's perspective, you will gain a more confident outlook for the future. God is trying to get our attention, show us how to get past our fears, and help us respond with faith to the evil we see all around us. Regardless of what we see on the news, God is still in control. Here are practical, everyday ways we can move forward with hope and determination to make our world a better place until the return of Jesus Christ.

The 48 Laws of Power

Author : Robert Greene
Publisher : Penguin
Page : 481 pages
File Size : 46,5 Mb
Release : 2023-10-31
Category : Self-Help
ISBN : 9780670881468

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The 48 Laws of Power by Robert Greene Pdf

Amoral, cunning, ruthless, and instructive, this multi-million-copy New York Times bestseller is the definitive manual for anyone interested in gaining, observing, or defending against ultimate control – from the author of The Laws of Human Nature. In the book that People magazine proclaimed “beguiling” and “fascinating,” Robert Greene and Joost Elffers have distilled three thousand years of the history of power into 48 essential laws by drawing from the philosophies of Machiavelli, Sun Tzu, and Carl Von Clausewitz and also from the lives of figures ranging from Henry Kissinger to P.T. Barnum. Some laws teach the need for prudence (“Law 1: Never Outshine the Master”), others teach the value of confidence (“Law 28: Enter Action with Boldness”), and many recommend absolute self-preservation (“Law 15: Crush Your Enemy Totally”). Every law, though, has one thing in common: an interest in total domination. In a bold and arresting two-color package, The 48 Laws of Power is ideal whether your aim is conquest, self-defense, or simply to understand the rules of the game.

The Lawmakers

Author : John T. Saywell
Publisher : University of Toronto Press
Page : 486 pages
File Size : 55,8 Mb
Release : 2002-01-01
Category : History
ISBN : 080208656X

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The Lawmakers by John T. Saywell Pdf

Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.

Courts Without Cases

Author : Carissima Mathen
Publisher : Bloomsbury Publishing
Page : 277 pages
File Size : 49,7 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781509922499

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Courts Without Cases by Carissima Mathen Pdf

Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.

The Power and Purpose of International Law

Author : Mary Ellen O'Connell
Publisher : Oxford University Press
Page : 408 pages
File Size : 53,8 Mb
Release : 2011-05-10
Category : Political Science
ISBN : 0199831025

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The Power and Purpose of International Law by Mary Ellen O'Connell Pdf

The world is poised for another important transition. The United States is dealing with the impact of the Afghan and Iraq wars, the use of torture and secret detention, Guantanamo, climate change, nuclear proliferation, weakened international institutions, and other issues related directly or indirectly to international law. The world needs an accurate account of the important role of international law and The Power and Purpose of International Law seeks to provide it. Mary Ellen O'Connell explains the purpose of international law and the power it has to achieve that purpose. International law supports order in the world and the attainment of humanity's fundamental goals of peace, prosperity, respect for human rights, and protection of the natural environment. These goals can best be realized through international law, which uniquely has the capacity to bind even a superpower of the world. By exploring the roots and history of international law, and by looking at specific events in the history of international law, this book demonstrates the why and the how of international law and its enforcement. It directly confronts the notion that international law is "powerless" and that working within the framework of international law is useless or counter-productive. As the world moves forward, it is critical that both leaders and their citizens understand the true power and purpose of international law and this book creates a valuable resource for them to aid their understanding. It uses a clear, compelling style to convey topical, informative and cutting-edge information to the reader.

Power versus Law in Modern China

Author : Qiang Fang,Xiaobing Li
Publisher : University Press of Kentucky
Page : 286 pages
File Size : 49,8 Mb
Release : 2017-11-15
Category : Law
ISBN : 9780813173955

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Power versus Law in Modern China by Qiang Fang,Xiaobing Li Pdf

Today 700 million Chinese citizens -- more than fifty-four percent of the population -- live in cities. The mass migration of rural populations to urban centers increased rapidly following economic reforms of the 1990s, and serious problems such as overcrowding, lack of health services, and substandard housing have arisen in these areas since. China's urban citizens have taken to the courts for redress and fought battles over failed urban renewal projects, denial of civil rights, corruption, and abuse of power.In Power versus Law in Modern China, Qiang Fang and Xiaobing Li examine four important legal cases that took place from 1995 to 2013 in the major cities of Wuhan, Xuzhou, Shanghai, and Chongqing. In these cases, citizens protested demolition of property, as well as corruption among city officials, developers, and landlords; but were repeatedly denied protection or compensation from the courts. Fang and Li explore how new interest groups comprised of entrepreneurs and Chinese graduates of Western universities have collaborated with the CCP-controlled local governments to create new power bases in cities. Drawing on newly available official sources, private collections, and interviews with Chinese administrators, judges, litigants, petitioners, and legal experts, this interdisciplinary analysis reveals the powerful and privileged will most likely continue to exploit the legal asymmetry that exists between the courts and citizens.

The 50th Law

Author : 50 Cent,Robert Greene
Publisher : Profile Books
Page : 304 pages
File Size : 48,5 Mb
Release : 2010-07-09
Category : Business & Economics
ISBN : 9781847652447

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The 50th Law by 50 Cent,Robert Greene Pdf

'My favourite book' Tinchy Stryder BA Business Life Book of the Month The ultimate hustle is to move freely between the street and corporate worlds, to find your flow and never stay locked in the same position. This is a manifesto for how to operate in the twenty-first century, where everything has been turned on its head. Building on the runaway success of Robert Greene's The 48 Laws of Power (almost five million copies sold), the 'modern Machiavelli' teams up with rapper 50 Cent to show how the power game of success can be played to your advantage. Drawing on the lore of gangsters, hustlers, and hip-hop artists, as well as 50 Cent's business and artistic dealings, the authors present the 'Laws of 50', revealing how to become a master strategist and supreme realist. Success comes from seeking an advantage in each and every encounter, and The 50th Law offers indispensable advice on how to win in business - and in life.

Justice Without Law

Author : United States. Department of Justice. Office of Legal Policy
Publisher : Unknown
Page : 184 pages
File Size : 43,6 Mb
Release : 1988
Category : Courts
ISBN : UCR:31210024704197

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Justice Without Law by United States. Department of Justice. Office of Legal Policy Pdf

Law, Violence and Constituent Power

Author : Héctor López Bofill
Publisher : Routledge
Page : 192 pages
File Size : 50,5 Mb
Release : 2021-05-30
Category : Business & Economics
ISBN : 9781000393842

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Law, Violence and Constituent Power by Héctor López Bofill Pdf

This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.

The Collapse of Constitutional Remedies

Author : Aziz Z. Huq
Publisher : Oxford University Press
Page : 193 pages
File Size : 51,7 Mb
Release : 2021
Category : LAW
ISBN : 9780197556818

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The Collapse of Constitutional Remedies by Aziz Z. Huq Pdf

"This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Just Words

Author : John M. Conley,William M. O'Barr,Robin Conley Riner
Publisher : University of Chicago Press
Page : 262 pages
File Size : 47,8 Mb
Release : 2019-05-10
Category : Law
ISBN : 9780226484532

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Just Words by John M. Conley,William M. O'Barr,Robin Conley Riner Pdf

Is it “just words” when a lawyer cross-examines a rape victim in the hopes of getting her to admit an interest in her attacker? Is it “just words” when the Supreme Court hands down a decision or when business people draw up a contract? In tackling the question of how an abstract entity exerts concrete power, Just Words focuses on what has become the central issue in law and language research: what language reveals about the nature of legal power. John M. Conley, William M. O'Barr, and Robin Conley Riner show how the microdynamics of the legal process and the largest questions of justice can be fruitfully explored through the field of linguistics. Each chapter covers a language-based approach to a different area of the law, from the cross-examinations of victims and witnesses to the inequities of divorce mediation. Combining analysis of common legal events with a broad range of scholarship on language and law, Just Words seeks the reality of power in the everyday practice and application of the law. As the only study of its type, the book is the definitive treatment of the topic and will be welcomed by students and specialists alike. This third edition brings this essential text up to date with new chapters on nonverbal, or “multimodal,” communication in legal settings and law, language, and race.