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Kennedy A: Life, Law & Liberty

Life, Law & Liberty

A Memoir

The Rule of Law in Context

This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, 'the rule of law' in Australia. It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law. It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced. With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia's rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government's response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government's 'Robodebt' inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.

Living in the Long Shadow of Colonialism

The Rule of Law in Australia

Americans of all political stripes are becoming increasingly frustrated with the partisanship of present-day politics. Democrats and Republicans alike claim mandates on narrow margins of victory and are quick to condemn their opponents as enemies of the public good. The Framers of the Constitution understood that such divisions are rooted in the political factions inherent in democracy. Their solutions were federalism, the separation of powers, bicameralism, judicial review and other structural constraints on majority rule. Over the course of US history some of those constraints have been eroded as American politics have become more democratic and less respectful of the liberties and freedoms the Framers sought to protect. American Factions advocates for a renewed understanding of the problem of political factions and a restoration of the Constitution's limits to revive a politics of compromise and bipartisanship.

How the US Constitution Can End Extreme Partisanship

American Factions

The chapters in this book offer an analysis of the country’s constitutional identity from various perspectives. Constitutional identity has become a commonly used instrument in studying legal orders. This book understands such identity as an order’s core or fundamental elements or values as the expression of its individuality.
The contributions, written by legal experts in their respective fields, provide insights into Dutch constitutional identity by drawing on important constitutional concepts and arrangements, as well as relevant themes. This covers a wide range of topics, among them “democracy based on the rule of law”, “fundamental rights”, “the courts and the constitution”, “state and religion” and “law and digitalisation”.
The chapters provide a broad field of in-depth perspectives to not only inform and stimulate academic debate about their specific topics, but also about the country’s constitutional law as such. In addition to national and comparative constitutional law scholars, this collection will also be of value to lawyers and policymakers dealing with constitutional law and identity questions.
Gerhard van der Schyff is Associate Professor at Tilburg Law School, Department of Public Law and Governance in Tilburg, The Netherlands.
Chapters 2 and 12 are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Concepts, Arrangements and Themes

The Constitutional Identity of the Netherlands

Anthem Environment and Sustainability Initiative

This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina.

Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts

En la primera biografía crítica de Fethullah Gülen publicada en español, el historiador Jon Pahl nos invita a recorrer un fascinante viaje que revela sabiduría y controversia, desde la Turquía rural de los años 40 hasta los Estados Unidos del siglo XXI. Con una narrativa vibrante y una investigación rigurosa, Pahl cuenta la historia de un joven musulmán devoto de un remoto pueblo turco que, por un lado, ha inspirado a millones de personas en todo el mundo a través de un movimiento global enfocado en la alfabetización, la iniciativa social y el diálogo interreligioso; pero que, por otro lado, ha sido vigilado, calumniado y declarado enemigo número uno por el régimen autoritario de Turquía. Este libro presenta la vida y el pensamiento de Gülen en sus múltiples contextos históricos y culturales, clarifica las posiciones del autor y ofrece a los lectores las herramientas para formar su propio juicio sobre esta figura histórica de relevancia mundial. &nbsp;

Legado de Un Erudito Musulmán

Fethullah Gülen: Una Vida de Hizmet

This collection examines what 'critical theory' as a distinct intellectual tradition in social, political, and legal thought contributes to the study of EU law and to the future of the European project. Covering a broad range of substantive fields of EU law and the history of legal integration, including constitutional law, the design of monetary union and economic law, fiscal integration and taxation, labour law, fundamental rights and anti-discrimination law, gender equality, migration law and policy, data protection, and the Common Foreign and Security Policy (CFSP), the volume illustrates how a more rigorous engagement with critical theory helps to navigate the post-crisis European legal landscape. The contributors bring fresh, thoughtful, and innovative perspectives to EU law and theory, diagnosing the deep-seated challenges facing contemporary EU law and reimagining the emancipatory possibilities still available for it.

The Question of Postnational Emancipation

Critical Theory and European Union Law

Money in political campaigns is a subject of endless current interest and enormous consequence for American democracy. Beginning in 1976, in Buckley v. Valeo, the Supreme Court established a framework for public campaign regulation that declared that money constitutes "speech" and that the only constitutional basis upon which the government can regulate money was to prohibit corruption or the appearance of corruption. The Court then defined corruption narrowly and held that direct "contributions" to candidates could be limited on that basis but that "expenditures," by political candidates and others, could not. Over time as the role of money became more and more serious in politics the Court in a number of decisions seemed to be turning more willing to accept regulation. But in Citizens United v. Federal Election Commission, the new conservative Supreme Court sharply turned against permitting regulation, including of corporations. Today that regime of nearly full protection for anyone spending virtually any amount of money for or against candidates and issues remains securely in place. The question, after a half century of this system, is whether this interpretation of the First Amendment is sound or not. If yes, then what are the justifications and what will be the consequences? If not, then what are alternative interpretations and what would the world be like under each one? The contributors, all scholars and experts in this area, give their interpretations and proposals.

Fifty Years of Supreme Court Decisions and Campaign Finance Reforms

Money, Politics, and the First Amendment

This book presents cutting-edge analysis of one of the most significant constitutional crises in recent British history: the prolonged and intense struggle between government and parliament for control over Brexit. It argues the crisis was very largely caused by the emergence of an Executive-centric approach to governance it dubs 'Whitehall Plus', and the strong parliamentary-push back it both provoked and responded to. The book shows how the crisis exposed and widened deep fault-lines running through core doctrines and practices of the British constitution - profound disagreements long held unresolved and in abeyance, but which exploded into high-octane conflict during the period.

How Brexit Revealed Deep Fault-Lines in the British Constitution

Constitutional Fracture

Routledge Revivals

First published in 1980, Copyright offers an explanation and an analysis of the wider implications of copyright as an instrument for ordering the flows of information and culture within and among societies. The book traces the development of copyright and related rights with emphasis on the policy aspects and on how copyright was influenced by and in its turn influenced the users of new information technology.Significant discussion is devoted to the international aspects of copyright, its unique position in international law, and its role in the relations between industrialized and developing countries. Having provided a basic understanding of copyright principles and their implications, the authors then analyse how well or badly copyright is coping with the various information and communication technologies that have developed primarily in the twentieth century. Finally, they discuss how copyright operates in a modern technological society, the existing challenges to copyright, and its prospects for the future.

Intellectual Property in the Information Age

Copyright

The Secret Story of the World's Greatest Disruptor, Masayoshi Son

Gambling Man

Routledge Research in Legal Philosophy

This book explores democratic development in Indonesia-the world's third-largest democracy after India and the United States. Through case studies, it looks at two rival versions of democracy-the republican form and the electoral form-and posits that electoral democracy is not sustainable without republican institutions, laws, and norms. In recent years, there has been growing instability in Indonesian democracy, with brutal fighting among political forces and deep polarization. This book contends that what needs to be explained is not the democratic decline in Indonesia but rather the deviant form of democracy that the country has been practicing since the fall of the military dictatorship. It is argued that in the last twenty-five years, Indonesia has practiced a Schumpeterian form of democracy with a heavy emphasis on election while neglecting the minimum threshold of a healthy republican form of democracy: political participation, equality of virtues, and the principle of nondomination. The book invites readers on an intellectual journey to explore the republican ideal through the lenses of philosophy, law, politics, and the history of the problem of democracy in Indonesia.

A Legal Philosophical Analysis

Democracy and the Rule of Law in Indonesia

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

Life, Law & Liberty

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