Law Localism And The Constitution
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Law Localism And The Constitution
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Author : John Stanton
language : en
Publisher: Taylor & Francis
Release Date : 2023-03-24
Law Localism And The Constitution written by John Stanton and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-03-24 with Law categories.
Local government affects us all. Wherever we live, in towns, cities, villages, or the smallest of communities, there are locally elected councils tasked with representing people’s interests in the running of the local area. This involves, inter alia, providing public services, maintaining local spaces, and acting as a level of democratic governance within the broader constitutional and executive structure of the state. To fulfil these responsibilities, though, local government must be democratically legitimate; it must have at its disposal reasonable means and resources to function; and it must enjoy a healthy and balanced relationship with centralised government. This book explores and analyses the extent to which local government in the different parts of the United Kingdom is able to function effectively and democratically. It draws from local councillors’ views in analysing the state of local government under the current constitutional and governmental arrangements, discussing issues such as councils’ relationships with central government; citizen engagement; finance and public services; and the impact of recent reforms. It contrasts and compares the different approaches adopted in England, Scotland, Wales, and Northern Ireland, also setting out and discussing possible reforms of local government across the United Kingdom. While the focus is on the United Kingdom, the work includes a comparison with other relevant jurisdictions.
The Law And Legitimacy Of Imposed Constitutions
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Author : Richard Albert
language : en
Publisher: Routledge
Release Date : 2018-11-01
The Law And Legitimacy Of Imposed Constitutions written by Richard Albert and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-01 with Law categories.
Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution. This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level. This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.
Political Science And Comparative Constitutional Law
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Author : JOHN WILLIAM. BURGESS
language : en
Publisher:
Release Date : 2018
Political Science And Comparative Constitutional Law written by JOHN WILLIAM. BURGESS and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
Safeguarding Adults And The Law
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Author : Michael Mandelstam
language : en
Publisher: Jessica Kingsley Publishers
Release Date : 2013
Safeguarding Adults And The Law written by Michael Mandelstam and has been published by Jessica Kingsley Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Social Science categories.
The protection of vulnerable adults is an increasingly important issue right across health and social care. Safeguarding Vulnerable Adults and the Law, now in its second edition, sets this complex area of work within a comprehensive legal framework and provides extensive guidance for practitioners and students. The book covers Department of Health guidelines, human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, willful neglect, ill treatment, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. It focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. This fully-updated second edition comprehensively reflects recent changes to the law, and includes many new case studies. This book will be an invaluable resource for all those working in community care, adult social work, health care and housing. Those working for local authorities, the NHS, voluntary organizations and students will find it to be essential reading.
Public Law
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Author : John Stanton
language : en
Publisher:
Release Date : 2020-05-14
Public Law written by John Stanton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-14 with categories.
Fresh, modern, and practical, Public Law provides law undergraduates with a unique approach to constitutional and administrative law, aptly demonstrating why this is an exciting time to be studying the subject.Writing in a fluid, succinct style, the authors carve a logical pathway through the key areas studied on the LLB, guiding students to a solid understanding of the fundamental principles. This theoretical grounding is then rooted in reality, with each concept applied to a hypothetical scenario(included at the start of each chapter) to set it into a practical context.While this practical element helps students to understand how the law applies and develop problem-solving skills, a trio of supportive learning features also encourages active engagement with and a critical appreciation of public law. 'Key case' boxes highlight and analyse the significant case lawin each area; "Counterpoint" boxes flag alternative viewpoints and areas of debate; and "Pause for reflection" boxes prompt readers to consider the impact of laws, and what potential developments and reforms may lie ahead.Public Law's modern approach and unique combination of practical application and theoretically critical discussion makes it the ideal choice for students seeking to understand concepts not only in the abstract but in practice, helping them to develop the skills they need to succeed at university andbeyond.Online ResourcesThis title is supported by an online resources platform for students featuring guidance on approaching and analysing the real life scenarios in the book, a bank of multiple choice questions, legal updates, and links to useful material elsewhere on the web.
Transformative Constitutionalism In Latin America
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2017-06-16
Transformative Constitutionalism In Latin America written by Armin von Bogdandy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-16 with Law categories.
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
The Triangular Constitution
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Author : Tom Flynn
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-05-16
The Triangular Constitution written by Tom Flynn and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with Law categories.
This book offers a new account of modern European constitutionalism. It uses the Irish constitutional order to demonstrate that, right across the European Union, the national constitution can no longer be understood on its own, in isolation from the EU legal order or from the European Convention on Human Rights. The constitution is instead triangular, with these three legal orders forming the points of a triangle, and the relationship and interactions between them forming the triangle's sides. It takes as its starting point the theory of constitutional pluralism, which suggests that overlapping constitutional orders are not necessarily arranged 'on top of' each other, but that they may be arranged heterarchically or flatly, without a hierarchy of superior and subordinate constitutions. However, it departs from conventional accounts of this theory by emphasising that we must still pay close attention to jurisdictional specificity in order to understand the norms that regulate pluralist constitutions. It shows, through application of the theory to case studies, that any attempt to extract universal principles from the jurisdictionally contingent interactions between specific legal orders is fraught with difficulty. The book is an important contribution to constitutional theory in general, and constitutional pluralism in particular, and will be of great interest to scholars in the field.
Devolution And Localism In England
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Author : Professor David M Smith
language : en
Publisher: Ashgate Publishing, Ltd.
Release Date : 2014-08-28
Devolution And Localism In England written by Professor David M Smith and has been published by Ashgate Publishing, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-28 with Political Science categories.
Combining historical and policy study with empirical research from a qualitative study of regional elites this book offers an original and timely insight into the progress of devolution of governance in England. With particular interest in how governments have tried and continue to engage English people in sub-national democratic processes while dealing with the realities of governance it uses in-depth interviews with key figures from three English regions to get the ‘inside view’ of how these processes are seen by the regional and local political, administrative, business and voluntary sector elites who have to make policies work in practice. Tracing the development of decentralisation policies through regional policies up to and including the general election in 2010 and the radical shift away from regionalism to localism by the new Coalition Government thereafter the authors look in detail at some of the key policies of the incumbent Coalition Government such as City Regions and Localism and their implementation. Finally they consider the implications of the existing situation and speculate on possible issues for the future.
Public Law
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Author : MARK. THOMAS ELLIOTT (ROBERT.)
language : en
Publisher: Oxford University Press
Release Date : 2024-04-18
Public Law written by MARK. THOMAS ELLIOTT (ROBERT.) and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-18 with categories.
Constitutional Reform And Brexit
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Author : Gary Wilson
language : en
Publisher: Taylor & Francis
Release Date : 2023-06-30
Constitutional Reform And Brexit written by Gary Wilson and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-30 with Law categories.
This book examines the extent to which Brexit has impacted upon the operation of the British Constitution, prompting in turn consideration of how some of the factors which contributed to the outcome of the 2016 referendum, as well as the event of Brexit itself, might inform debates surrounding constitutional reform moving forward. The work seeks to make sense of the constitutional implications of Brexit and to revisit some of the key debates that have taken place in respect of particular constitutional reform proposals in order to assess the extent to which recent Brexit-related developments inform the perspectives which are taken upon their merits and prospects. The book is divided into two parts. The first provides some context for the substantive treatment of the potential impact of Brexit on constitutional reform debates which forms the focus of Part II. Part II centres on various specific constitutional reform themes or issues, which are explored further within the context of Brexit. For each such issue, the main parameters of the debates which have taken place are sketched out before moving on to consider how it has informed, or may come to be informed, by the phenomenon of Brexit. By so doing, it looks to some future directions for constitutional reform which take account of the factors driving the discourses which gave rise to the referendum outcome and subsequent developments, as well as offering meaningful responses to these. The book will be of interest to academics, researchers and policy-makers working in the areas of constitutional law, constitutional politics, philosophy and history.