Reasoning Rights
Reasoning Rights

Author: Liora Lazarus

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 434

ISBN-13: 1849468141

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This book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.

Constitutional Triumphs, Constitutional Disappointments
Constitutional Triumphs, Constitutional Disappointments

Author: Rosalind Dixon

Publisher: Cambridge University Press

Published: 2018-04-19

Total Pages: 471

ISBN-13: 1108246362

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The 1996 South African Constitution was promulgated on 18th December 1996 and came into effect on 4th February 1997. Its aspirational provisions promised to transform South Africa's economy and society along non-racial and egalitarian lines. Following the twentieth anniversary of its enactment, this book, co-edited by Rosalind Dixon and Theunis Roux, examines the triumphs and disappointments of the Constitution. It explains the arguments in favor of the Constitution being replaced with a more authentically African document, untainted by the necessity to compromise with ruling interests predominant at the end of apartheid. Others believe it remains a landmark attempt to create a society based on social, economic, and political rights for all citizens, and that its true implementation has yet to be achieved. This volume considers whether the problems South Africa now faces are of constitutional design or implementation, and analyses the Constitution's external influence on constitutionalism in other parts of the world.

Perspectives on Causation
Perspectives on Causation

Author: Richard Goldberg

Publisher: Bloomsbury Publishing

Published: 2011-10-21

Total Pages: 478

ISBN-13: 1847318428

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The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.

Canada 2024–2025
Canada 2024–2025

Author: P. T. Babie

Publisher: Rowman & Littlefield

Published: 2024-10-31

Total Pages: 229

ISBN-13: 1538185814

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The World Today Series: Canada is an annually updated presentation of Canada. It provides the reader an in-depth look at the country’s culture, geography, people, economy, politics and future. The combination of factual accuracy and up-to-date detail along with its informed projections make this an outstanding resource for researchers, practitioners in international development, media professionals, government officials, potential investors and students.

The United States Constitution
The United States Constitution

Author: Richard C. Simmons

Publisher: Manchester University Press

Published: 1989

Total Pages: 264

ISBN-13: 9780719029233

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Proceedings of the Sixth Fulbright Colloquium held at the University of Birmingham, Department of American History sponsored by the American Bar Association and the University of Virginia.

A.V. Dicey
A.V. Dicey

Author: Albert Venn Dicey

Publisher: Peter Lang

Published: 2009

Total Pages: 188

ISBN-13: 9783039119554

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Albert Venn Dicey (1835-1922) was elected to the Vinerian professorship of English Law in the University of Oxford in 1882. Dicey established himself as a great expert on constitutional history when in 1885 he published his Introduction to the Study of the Law of the Constitution, a major classic on the British constitutional system. Dicey's writings have achieved an almost canonical status, and his views are judged almost entirely on this volume. However Dicey developed his views further and extensively in a series of lectures he delivered in the late 1890s in which he focused his thoughts on the sovereignty of Parliament, the relationship between Parliament and the people, and the role of constitutional conventions. Dicey would not defend every detail of the British Constitution, but was quite prepared to consider certain constitutional innovations, such as the principle of referendum to give special status to Constitutional Acts, or that the House of Lords should have more representative legitimacy. Dicey also toyed with the idea of a Constitutional Convention as a basic form of protection for constitutional rules: he argued about constitutional safeguards to remedy the defects of the party system and recognised the adaptability of an unwritten constitution to changed circumstances. All these aspects of Dicey's thought are reflected in these lectures, published here for the first time.

Canada 2022–2023
Canada 2022–2023

Author: P. T. Babie

Publisher: Rowman & Littlefield

Published: 2022-09-29

Total Pages: 230

ISBN-13: 1538165910

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The World Today Series: Canada is an annually updated presentation of Canada. It provides the reader an in-depth look at the country’s culture, geography, people, economy, politics and future. The combination of factual accuracy and up-to-date detail along with its informed projections make this an outstanding resource for researchers, practitioners in international development, media professionals, government officials, potential investors and students.