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Author: Joel I. Colon-Rios
Publisher:
Published: 2020
Total Pages: 353
ISBN-13: 0198785984
DOWNLOAD EBOOKThis 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.
Author: John Stanton
Publisher: Taylor & Francis
Published: 2023-03-24
Total Pages: 208
ISBN-13: 0429760299
DOWNLOAD EBOOKLocal 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.
Author: Zoran Oklopcic
Publisher: Oxford University Press
Published: 2018-05-31
Total Pages: 417
ISBN-13: 0192519840
DOWNLOAD EBOOKBeyond 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.
Author: Michael Mandelstam
Publisher: Jessica Kingsley Publishers
Published: 2013
Total Pages: 676
ISBN-13: 1849053006
DOWNLOAD EBOOKThe 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.
Author: John Stanton
Publisher: Oxford University Press, USA
Published: 2020
Total Pages: 788
ISBN-13: 0198852274
DOWNLOAD EBOOKWith its fresh, modern approach and unique combination of practical application and theoretically critical discussion, 'Public Law' guides students to a clear understanding of not only the fundamental principles of the subject, but how they are relevant in everyday life.
Author: Ran Hirschl
Publisher: Oxford University Press, USA
Published: 2020
Total Pages: 273
ISBN-13: 019092277X
DOWNLOAD EBOOK"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--
Author: Philipp Dann
Publisher: Oxford University Press
Published: 2020-10-30
Total Pages: 321
ISBN-13: 0192590758
DOWNLOAD EBOOKThis 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.
Author: Jamal Greene
Publisher: Houghton Mifflin
Published: 2021
Total Pages: 341
ISBN-13: 1328518116
DOWNLOAD EBOOKAn eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Author: Donald S. Lutz
Publisher:
Published: 1998
Total Pages: 448
ISBN-13:
DOWNLOAD EBOOKPresents 80 documents selected to reflect Eric Voegelin's theory that in Western civilization basic political symbolizations tend to be variants of the original symbolization of Judeo-Christian religious tradition. These documents demonstrate the continuity of symbols preceding the writing of the Constitution and all contain a number of basic symbols such as: a constitution as higher law, popular sovereignty, legislative supremacy, the deliberative process, and a virtuous people. Annotation copyrighted by Book News, Inc., Portland, OR
Author: David S. Tanenhaus
Publisher: University Press of Kansas
Published: 2017-11-04
Total Pages: 192
ISBN-13: 0700625046
DOWNLOAD EBOOKThis new edition upon the 50th anniversary of In re Gault includes expanded coverage of the Roberts Court’s juvenile justice decisions including Miller v. Alabama; explains how disregard for children’s constitutional rights led to the “Kids for Cash” scandal in Pennsylvania; new legal developments in the Gault case; and, updates the bibliography and chronology. When fifteen-year-old Gerald Gault of Globe, Arizona, allegedly made an obscene phone call to a neighbor, he was arrested by the local police, tried in a proceeding that did not require his accuser’s testimony, and sentenced to six years in a juvenile “boot camp”—for an offense that would have cost an adult only two months. Even in a nation fed up with juvenile delinquency, that sentence seemed excessive and inspired a spirited defense on Gault’s behalf. Led by Norman Dorsen, the ACLU ultimately took Gault’s case to the Supreme Court and in 1967 won a landmark decision authored by Justice Abe Fortas. Widely celebrated as the most important children’s rights case of the twentieth century, In re Gault affirmed that children have some of the same rights as adults and formally incorporated the Fourteenth Amendment’s due process protections into the administration of the nation’s juvenile courts.
