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Goldsworthy J: Protecting Rights Without
a Bill of Rights

Protecting Rights Without a Bill of Rights

Institutional Performance and Reform in Australia

Contents: Introduction, Jeffrey Goldsworthy. Institutional Performance: Australian exceptionalism: rights protection without a Bill of Rights, Brian Galligan and F.L. (Ted) Morton; The performance of Australian legislatures in protecting rights, John Uhr; Improving legislative scrutiny of proposed laws to enhance basic rights, parliamentary democracy, and the quality of law-making, Bryan Horrigan; The performance of administrative law in protecting rights, Robin Creyke; Australia's constitutional rights and the problem of interpretive disagreement, Adrienne Stone. Particular Human Rights Issues: Rights and citizenship in law and public discourse, Helen Irving; Chained to the past: the psychological Terra Nullius of Australia's public institutions, Megan Davis; Constitutional property rights in Australia: reconciling individual rights and the common good, Simon Evans. International Perspectives: American judicial review in perspective, Robert Nagel; The unfulfilled promise of dialogic constitutionalism: judicial-legislative relationships under the Canadian Charter of Rights and Freedoms, Christopher Manfredi. Strategies for Institutional Reform: A modest (but robust) defence of statutory bills of rights, Jeremy Webber; Australia's first Bill of Rights: the Australian Capital Territory's Human Rights Act, Hilary Charlesworth; An Australian Rights Council, George Winterton; Human rights strategies: an Australian alternative, Tom Campbell. Index.

This work adds an important new dimension to the literature on the Caribbean Court of Justice and on regional integration courts generally. Part I focuses on the operation of the CCJ itself, whilst Part II provides a comparative study of the CCJ and four other regional courts.

Regional Integration Court in a Global Context

The Caribbean Court of Justice

Global Law and Sustainable Development

Given the significant developments in Indian economic and trade policymaking over the last two decades, this book provides an authoritative and timely analysis of the transformation and current state of India's foreign economic policy. The work presents a comprehensive, informed and critical overview of negotiating issues addressed in the recent period leading up to the substantial conclusion of the Trade Facilitation Agreement. The volume also takes into account the geopolitical considerations that influenced the negotiations. Finally, the reform steps being taken by India need to be understood in light of the structural changes in the economy, fuelling domestic compulsion, and the analysis covers this undercurrent in detail. The book will be a valuable guide to academics, researchers and policy-makers working in the areas of international trade law, development economics and global politics.

Deciphering the Law, Economics and Politics

India’s Foreign Economic Policy

The Rule of Law in Context

Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action

The Rule of Law in Russia

Routledge Research in Finance and Banking Law

This book tackles the challenge of holdout creditor disruption of sovereign debt restructuring, where creditors reject collective agreements to pursue full loan recovery in domestic courts.Critically examining the contemporary statutory and contractual approaches to sovereign debt restructuring, the book presents their usefulness and limitations, including the potential major impact of the doctrine of merger in rem judicatam. It proposes the duty of good faith (which is generally implied under U.S law, implied in certain categories of contract under English law, and widely recognized globally) applied in the context of sovereign debt as a relational contract, as a robust legal approach to combating such disruptions in domestic courts. Through rigorous analysis of case law and treatises, the book argues that sovereign debt contracts are relational contracts, invoking heightened good faith and equity obligations. With in-depth analysis of the contents and judicial applications of the duty of good faith in English and New York jurisprudence, it demonstrates how holdout actions violate good faith, and proffers a judicial approach, based on the duty of good faith, to sovereign debt restructuring as a viable alternative to current statutory and contractual approaches.This book will be of interest to practitioners, researchers, and policy makers in contract law, finance law, relational contract theory, good faith, and sovereign debt.

A Good Faith and Relational Contract Approach

Sovereign Debt Restructuring and Contract Law

This book provides a one-stop, comprehensive guide to the Marrakesh Treaty and its relation to copyright protection and disability law.Beginning with an exploration of the origin and impact of the 'global book famine', the book contextualises the role of copyright law in restricting access to the written word. Detailing the core philosophical underpinnings of the debate, the book offers new interpretive insights into the classic justifications of copyright protection through the lens of inclusivity. Additionally, models of disability and their influence over national copyright policies are explored. The social and human rights models of disability, combined with an inclusive interpretation of copyright justifications, are advocated as essential to the Marrakesh Treaty's ability to stimulate meaningful and transformative change. Based on critical textual analysis and an original, panoramic view of the implementation of the Marrakesh Treaty, the book raises awareness of key successes and challenges in the Treaty's operation thus far. It highlights remaining gaps between the Treaty's framework and national implementing laws, and provides suggestions for the improvement of the Treaty's text, implementation, and practical impact.The book will be of interest to researchers in the field of copyright law, policy, and disability rights legal theory.

The Marrakesh Treaty and Beyond

Copyright Protection and Disability Law

With the promise of greater efficiency and effectiveness, public authorities have increasingly turned to algorithmic systems to regulate and govern society. In Algorithmic Rule By Law, Nathalie Smuha examines this reliance on algorithmic regulation and shows how it can erode the rule of law. Drawing on extensive research and examples, Smuha argues that outsourcing important administrative decisions to algorithmic systems undermines core principles of democracy. Smuha further demonstrates that this risk is far from hypothetical or one that can be relegated to authoritarian regimes, as many of her examples are drawn from public authorities in liberal democracies that are already making use of algorithmic regulation. Focusing on the European Union, Smuha argues that the EU's digital agenda is misaligned with its aim to protect the rule of law. Novel and timely, this book should be read by anyone interested in the intersection of law, technology, and government. This title is also available as open access on Cambridge Core.

How Algorithmic Regulation in the Public Sector Erodes the Rule of Law

Algorithmic Rule By Law

Lloyd's Arbitration Law Library

This book compares the five key international arbitral rules: the International Chamber of Commerce, the London Court of International Arbitration, the International Centre for Dispute Resolution, the Stockholm Chamber of Commerce and the ad hoc UNCITRAL Rules. It is the first book of its kind to consider the 2012 ICC Rules alongside the 2014 LCIA Rules. It is therefore, a vital guide for lawyers and staff involved in international arbitration.

A comparative guide

International Arbitration Rules

This advanced textbook offers an overview and critical treatment of comparative law, incorporating both traditional and modern approaches to the discipline and an up-to-date survey of the key methodological debates. The fundamental concepts of comparative law are examined through the lens of three main questions: what to compare, why compare, and how to compare.The study of the objects of comparative analysis (what to compare) begins with a critique of legal positivism to address a plurality of legal concepts. The investigation of the aims of comparative law (why compare) considers the most widespread classifications of legal orders and the diverse approaches to the study of legal change. Finally, the methods of comparative law (how to compare) are analysed, taking into account their different functions. Adopting a contextualised, interdisciplinary approach to the subject with a focus on a range of different legal systems, the author brings in examples from politics and economics to the analysis, highlighting the importance of comparative law for the understanding of modern societies.Comparative Law: A Critical Introduction will provide a thought-provoking read for advanced-level students and scholars of comparative law.

A Critical Introduction

Comparative Law

Routledge Research in Human Rights Law

Taking a public international law law perspective, this book examines various issues and difficulties faced by human rights advocates in their effort to seek redress transnationally for victims of human rights abuses.

Jurisdiction, Immunity and Transnational Human Rights Litigation

Law in Context

Nuclear Exposure and the Harms of Redress

Injurious Law

Hart Studies in Security and Justice

This book examines the constitutional treatment of national security in the UK, Canada, Australia and New Zealand. These four states share their Commonwealth heritage and are members, alongside the USA, of the Five Eyes intelligence-sharing alliance. The book takes a comparative approach to the institutions through which, and tools with which, these four states seek to protect their national security against the threats of both terrorism and hostile state activity and how they have evolved over time. It identifies and examines the various specialised institutions, inside and outside of legislatures, which have grown up to oversee the exercise of public power for national security purposes while maintaining the required secrecy. It argues that the extent of the borrowing and sharing between these jurisdictions in the domain of national security, now and in the past, permits us to talk about a Commonwealth model of national security constitutionalism.

National Security Constitutionalism in the Commonwealth Five Eyes States

Lex Amicitia draws a long history of the law of friendship - from Aristotle to Derrida - into a contemporary context: scouring the backrooms, bars and ill-lit alcoves, the corridors and side-rooms where the interior engine of institutional decisions operates. The intimate public sphere is fueled by the affects of amity and enmity, identification and rejection, experience and projection in negotiating and deciding the fate of workaday lives. Using the example of law, and specifically of the legal academy in the Anglophone world, this book pieces together the hidden ties and the secret bondings, the erotics and the hostilities that play beneath the surface of public lives. Patiently reconstructing the apparitions of affect and amity as they are glimpsed in marginal moments and off-hours, peripheries and slips, emails and other unintended viscera, the structural role of the laws of friendship, the legal form of compact, concord and contract is reconstructed and expounded.

Lex Amicitia: An Anthropology of the Law of Amity

Protecting Rights Without a Bill of Rights

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