Democratic Civilisation Or Judicial Supremacy
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Democratic Civilisation Or Judicial Supremacy
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Author : David G. Green
language : en
Publisher:
Release Date : 2016
Democratic Civilisation Or Judicial Supremacy written by David G. Green and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Human rights categories.
"How should our laws be made and where does final power lie? This question has grown increasingly salient in recent years as the judiciary has pitted itself against Parliament in a series of harmful and absurd rulings. Many of these confrontations have revolved around the Human Rights Act, but far more is at stake. Under our constitution, the legal sovereignty of Parliament ensures that the people themselves are the ultimate political sovereign. When members of the judiciary challenge Parliament, they undermine the ideal of government as a trust for the benefit of all members of society. The readiness of the judiciary to challenge the democratic will of the nation has been harnessed by special interest groups who wish to put their own priorities ahead of those of the wider community. The introduction of no-win, no-fee arrangements has similarly ushered in a period of aggressive litigation by lawyers - driven by the prospect of financial reward - on behalf of the narrow interests of their clients. In this powerful book, Civitas director David G. Green argues that the time has come to challenge a self-serving elite in the legal profession which is encouraging a claims culture based on gaining sectarian advantage. This will mean restoring faith in the UK's parliamentary system of government which, rather than promoting adversarial conflict between minorities and the rest of society, provides the surest way of reconciling clashes of interest. But it also requires the reinvigoration of a civic culture which does not promote victimhood, but looks to the interests of society as a whole, identifying shared interests and pursuing, above all, the common good."-- web site.
Delivering Dispute Resolution
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Author : Christopher Hodges
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-10-17
Delivering Dispute Resolution written by Christopher Hodges and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-17 with Law categories.
This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms. Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors. Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change. This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction.
Democracy
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Author : Inter-parliamentary Union
language : en
Publisher: Inter-Parliamentary Union
Release Date : 1998
Democracy written by Inter-parliamentary Union and has been published by Inter-Parliamentary Union this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Democracy categories.
Principles to realization - Cherif Bassiouni
No Fault Approaches In The Nhs
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Author : Sonia Macleod
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-01-12
No Fault Approaches In The Nhs written by Sonia Macleod and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-12 with Law categories.
This book explores how concerns can be raised about the NHS, why raising concerns hasn't always improved standards, and how a no-fault open culture approach could drive improvements. The book describes a wide range of mechanisms for raising concerns about the NHS, including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The NHS approach is contextualised within the broader societal developments in dispute resolution, accountability, and regulation. The authors take a holistic view, and outline practical solutions for reforming how the NHS responds to problems. These should improve the situation for those raising concerns and for those working within the NHS, as well as providing cost savings. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS. The book will be of interest to academics, researchers, ADR practitioners, practising lawyers, and policy makers.
Outcome Based Cooperation
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Author : Christopher Hodges
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-09-22
Outcome Based Cooperation written by Christopher Hodges and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-22 with Law categories.
How do we cooperate – in social, local, business, and state communities? This book proposes an Outcome-Based Cooperative Model, in which all stakeholders work together on the basis of trust and respect to achieve shared aims and outcomes. The Outcome-Based Cooperative Model is built up from an extensive analysis of behavioural and social psychology, genetic anthropology, research into behaviour and culture in societies, organisations, regulation, and enforcement. The starting point is acceptance that humanity is facing ever larger risks, which are now systemic and even existential. To overcome the challenges, humans need to cooperate more, rather than compete, alienate, or draw apart. Answering how we do that requires basing ourselves, our institutions, and systems on relationships that are built on trust. Trust is based on evidence that we can be trusted to behave well (ethically), built up over time. We should aim to agree common goals and outcomes, moderating those that conflict, produce evidence that we can be trusted, and examine our performance in achieving the right outcomes, rather than harmful ones. The implications are that we need to do more in rebasing our relationships in local groupings, business organisations, regulation, and dispute resolution. The book examines recent systems and developments in all these areas, and makes proposals of profound importance for reform. This is a new blueprint for liberty, solidarity, performance, and achievement.
Counterterrorism Democracy S Challenge
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Author : Andrea Bianchi
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-07-30
Counterterrorism Democracy S Challenge written by Andrea Bianchi and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-30 with Law categories.
Terrorist violence is no novelty in human history and, while government reactions to it have varied over time, some lessons can be learnt from the past. Indeed, the debate on when and how a state should use emergency powers that limit individual freedoms is nearly as old as the history of political thought. After reviewing some history of state responses to terrorist violence and their efficacy, this book sets out to assess the effects of contemporary counterterrorism law and policies on democratic states. In particular, it considers the interaction between national and international law in shaping and implementing anti-terror measures, and the difficult role of the judiciary in striking a balance between security concerns and fundamental rights. It also examines the strains this has caused on some democracies, especially a blurring in the separation of powers between the legislative, executive and judicial branches of government, giving reason to enquire afresh whether new paradigms are needed. Finally, the issue of whether the doctrine of constitutionalism can provide an appropriate frame of analysis to encapsulate current developments in international law in response to terrorism is broached. By drawing on the expertise of historians, political scientists and lawyers, this book promotes transdisciplinary dialogue, recognising that counterterrorism is an issue at the intersection of law and politics that has profound implications for democratic institutions and practices.
Rights And Democracy
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Author : Henk Botha
language : en
Publisher: AFRICAN SUN MeDIA
Release Date : 2004-01-01
Rights And Democracy written by Henk Botha and has been published by AFRICAN SUN MeDIA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-01 with Political Science categories.
The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking ? and input ? on Constitutional Law has made a great contribution to constitutional development in South Africa. These essays are the work of some of the best practical and academic legal minds in this country and, given South Africa?s recent successes in this field, represent an advanced position in constitutional thinking in the world.
The Making Of Constitutional Democracy
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Author : Paolo Sandro
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-01-27
The Making Of Constitutional Democracy written by Paolo Sandro and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-27 with Law categories.
This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Trials Of The State
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Author : Jonathan Sumption
language : en
Publisher: Profile Books
Release Date : 2019-08-29
Trials Of The State written by Jonathan Sumption and has been published by Profile Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-29 with Law categories.
A SUNDAY TIMES BESTSELLER In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives. In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges? Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.
Aog Leadership And Culture
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Author : William D. Foster
language : en
Publisher: BRILL
Release Date : 2024
Aog Leadership And Culture written by William D. Foster and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Religion categories.
The leadership challenges discussed in this book will resonate with any denomination or church that has grown or wrestled with polity and culture, but will hold special appeal for those interested in the history of the Assemblies of God.