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Tushnet M: Constitutionalism and Its
Discontents

Constitutionalism and Its Discontents

Code of Federal Regulations, Title 50 Wildlife and Fisheries

Title 50 presents regulations governing the taking, possession, transportation, sale, purchase, barter, exportation and importation of wildlife and plants; wildlife refuges; wildlife research; fisheries conservation areas; fish and wildlife restoration; marine mammals; whaling; fisheries; tuna fisheries; and international fishing. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

Title 50 presents regulations governing the taking, possession, transportation, sale, purchase, barter, exportation and importation of wildlife and plants; wildlife refuges; wildlife research; fisheries conservation areas; fish and wildlife restoration; marine mammals; whaling; fisheries; tuna fisheries; and international fishing.

Code of Federal Regulations, Title 50 Wildlife and Fisheries 200-227, Revised as of October 1, 2025

This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 - the Pentonville Five - for defying the Court's orders, strikes erupted and the docks closed. With the country's food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found? This is a revelatory account of the National Industrial Relations Court's defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing - in Donaldson's own words - 'rather peculiar things'.

'Rather Peculiar Things'

Law and Politics at the National Industrial Relations Court 1970-75

This book provides a novel judicial framework for receiving and considering religious and cultural claims in shaping human rights in constitutional secular democracies. It does this through an extended case study of the Indian constitutional jurisprudence. Abortion and surrogacy, LGBTQ + rights, sex work and euthanasia are arguably the most controversial human rights issues of our time. They all invite passionate religious and cultural debate but are not themselves religious or cultural rights issues. Instead, they pose a fundamental constitutional question: How far can religion and culture go in shaping general human rights in secular constitutional democracies? Moving beyond the logic of individual rights, this book provides an integrated and holistic approach to answering this classic question of constitutional law. To do this, it proposes an innovative empirically backed normative-theoretical framework which synthesises insights from cultural psychoanalysis, feminist legal scholarship, socio-legal method, constitutional law, evidence law, and political theory. It looks at a unique constellation of cases belonging to eight different human rights themes covering the period since India's independence in 1947 and systematically analyses the religious and cultural claims made in those cases. It finds that in India, a more holistic approach to answering our classic constitutional puzzle requires a simultaneous consideration of three different theories: A theory of constitutional interpretation which formulates restrictions on a judge considering religious and cultural claims in fundamental rights cases; A theory of judicial notice which determines when such claims can be admitted without proof; A theory of secularism and public reason which argues that the claims must be given weight in the final decision only if they match defensible conceptions of constitutional values. The book develops these theories and applies them to the Indian cases, providing an innovative approach to an age-old question.

With God as our Witness

Religion, Culture, and Human Rights in India

Code of Federal Regulations, Title 09 Animals and Animal Products

A compilation of federal regulations, the CFRs are an authoritative source of government information representing broad subject areas. Title 9 presents regulations governing animal and plant health inspection services, grain inspection, packers and stockyard administration, and food safety and inspection of meat and poultry. Additions and revisions to this section of the code are posted annually by January.

Code of Federal Regulations, Title 09 Animals and Animal Products 1-199, Revised as of January 1, 2026

Americans take it for granted that the states of the union make up an economic common market. But that is the case only because early in the nation's history the Supreme Court ruled that the Commerce Clause of the Constitution establishes a principle--sometimes called the "dormant Commerce Clause" principle--that blocks individual states from cutting off the free flow of cross-border trade. From the 1820s onward the Court has issued hundreds of rulings applying this doctrine to prevent the states from imposing tariff-like taxes, local processing requirements, and other restrictions on the free movement of goods and services across state lines. The result for the nation has been, as Justice Robert Jackson once observed, a "material success that . . . has been the most impressive in the history of commerce." After joining the Court in 1986 Justice Antonin Scalia challenged the dormant Commerce Clause principle as an illegitimate judicial innovation at odds with a proper "originalist" interpretation of the Constitution. This critique, moreover, quickly picked up steam as other prominent jurists and commentators--most notably, Justice Clarence Thomas--gave it their enthusiastic support. Is the originalist challenge to the dormant Commerce Clause rule well-founded? In The Common-Market Constitution, Coenen argues that the answer is no. Like Justice Scalia, Coenen focuses on discovering the original public meaning of the Commerce Clause. According to Coenen, however, the text and history of that clause compel a conclusion that is the direct opposite of the one that Justice Scalia reached. As Coenen demonstrates, a proper originalist assessment of the dormant Commerce Clause principle requires consideration of a sweeping body of text- and history-based evidence that ranges far beyond what critics of that principal rule have focused on in the past. A full and fair appraisal of that evidence, Coenen argues, leaves no doubt that the constitutional rule that the Court has long applied to safeguard the American common market does reflect the original public meaning of the Commerce Clause.

Text, History, and the "Dormant Commerce Clause" Rule

The Common-Market Constitution

Hart Studies in Comparative Public Law

Theory, Practice and Problems

Automation in Governance

This innovative new textbook takes a cases and materials model (balanced perfectly with expert commentary to guide the students) which maintains a keen focus on those areas studied by the student of EU law. Avoiding the approach of most other textbooks, whose comprehensiveness serves to overwhelm the student, EU Law: Cases, Materials and Text is structured to map the mainstream curriculum. This allows for the inclusion of more materials, with short extracts drawn from a wide range of sources. These serve to tease out themes and to provide a clear sense of direction for the student navigating a sometimes complex subject. As a first edition, it is structured to accurately reflect the law of the EU post Brexit, with a dedicated chapter on the emerging UK-EU relationship. Written by two authors who are both leading scholars and experienced teachers, this offers a new, fresh resource for students and teachers alike.

Cases, Materials and Text

EU Law

Routledge Research in Asylum, Migration and Refugee Law

The Refugee Convention of 1951 did not categorically provide for the socio-economic rights of asylum seekers. While the United Nations High Commissioner for Refugees Executive Committee has subsequently attempted to address these shortcomings, they have not categorically stated whether those seeking asylum still enjoy socio-economic rights recognised under human rights treaties provisions. This book explores the tensions between seemingly universal socio-economic rights and the justification or legitimisation of differences in meeting these rights between citizens and those claiming asylum. The book provides an examination of the normative content of a number of core socio-economic rights for asylum seekers, in particular the right to food, water and shelter, right to health and the right to a decent standard of living. The book analyses the socio-economic rights of asylum seekers under internationalised legal mechanisms including the UN system of human rights protection, the European Union, and the Council of Europe. It questions the legitimacy of differentiation towards the socio-economic of asylum seekers that has been adopted by many states, and presents a persuasive argument as to the inclusivity of socio-economic rights for asylum seekers, while recognising the limits of human rights in this regard.

The Refugee Convention of 1951 did not categorically provide for the socio-economic rights of asylum seekers. While the United Nations High Commissioner for Refugees Executive Committee has subsequently attempted to address these shortcomings, they have not categorically stated whether those seeking asylum still enjoy socio-economic rights recognised under human rights treaties provisions. This book explores the tensions between seemingly universal socio-economic rights and the justification or legitimisation of differences in meeting these rights between citizens and those claiming asylum. The book provides an examination of the normative content of a number of core socio-economic rights for asylum seekers, in particular the right to food, water and shelter, right to health and the right to a decent standard of living. The book analyses the socio-economic rights of asylum seekers under internationalised legal mechanisms including the UN system of human rights protection, the European Union, and the Council of Europe. It questions the legitimacy of differentiation towards the socio-economic of asylum seekers that has been adopted by many states, and presents a persuasive argument as to the inclusivity of socio-economic rights for asylum seekers, while recognising the limits of human rights in this regard.

The Socio-Economic Rights of Asylum Seekers

Key Ideas in Law

This book provides an account of the most important and controversial aspects of the principle of legality in the United Kingdom. The principle of legality describes a method of statutory interpretation that empowers courts to prevent fundamental common law values from being overridden by unclear legislation. However, it makes more sense to think of multiple principles of legality, rather than a single concept. The book provides a fresh and detailed perspective on a controversial aspect of the common law. It will be useful for students of law and politics, legal practitioners and scholars. It explores the many complexities surrounding the historical origins, fields of application, mode of operation, and subject matter of the principle of legality. Despite its long history, the term 'principle of legality' only began to be used in public law cases towards the end of the twentieth century. More recently, judicial references to the principle of legality in high profile constitutional law cases have fuelled broader concerns about judicial overreach. The book argues that these concerns are unfounded, and deeper principles of legality are required.

Key Ideas in Law: The Principle of Legality

Code of Federal Regulations, Title 12 Banks and Banking

This CFR presents regulations governing banking procedures and activities of the Comptroller of the Currency, the Federal Reserve System, the Federal Deposit Insurance Corporation, the Export-Import Bank, Office of Thrift Supervision, Farm Credit Administration, and the National Credit Union Administration.

Code of Federal Regulations, Title 12 Banks and Banking 600-899, Revised as of January 1, 2025

Code of Federal Regulations, Title 05 Administrative Personnel

The Code of Federal Regulations (CFRs) are a vital resource for anyone who needs to understand the rules and requirements set by U.S. federal agencies. Title 5 presents information on federal employee management, civil service functions, employee benefits, as well as ethics and government organization and procedures.

Code of Federal Regulations, Title 05 Administrative Personnel 700-1199, Revised as of January 1, 2025

Modern Studies in European Law

This book explores what judges do and how they perceive their roles in the context of growing dissensus over liberal democracy. Focusing on the European landscape, it asks eighteen judges how they perceive their roles when judicial independence and democracy are under pressure. The book features interviews with judges from various EU and non-EU Member States and courts, complemented by a series of academic commentaries discussing the relationship between law and politics in times of dissensus over liberal democracy. Each narrative reveals unique personal experiences and reflections, shedding light on the role of the judiciary and the rule of law in the face of contemporary challenges. While the book engages with these issues through European narratives, its findings contribute to broader debates beyond Europe and the EU.

Insights from European Judges

Dissensus over Liberal Democracy

Constitutionalism and Its Discontents

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