Maccormick S Scotland


Maccormick S Scotland
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Maccormick S Scotland


Maccormick S Scotland
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Author : Neil Walker
language : en
Publisher: Edinburgh University Press
Release Date : 2012-03-26

Maccormick S Scotland written by Neil Walker and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-26 with Law categories.


This book analyses in depth the distinctively Scottish themes in the work of Sir Neil MacCormick, the world-renowned legal philosopher and prominent Scottish public intellectual who died in 2009 after holding the Regius Chair in Public Law and the Law of Nature and Nations at Edinburgh University for 36 years. MacCormick's work, and works about MacCormick, attract both a domestic and an international audience. Readers will gain an understanding of how MacCormick's Scottish roots, interests and commitments coloured his work - both his distinctively Scottish writings and the overall intellectual outlook that informed his broader legal and philosophical writings.The book provides a well rounded appreciation of the Scottish dimension in MacCormick's thinking and writing. It focuses on a number of prominent Scottish themes in MacCormick's work and life and is structured around four key themes: 1) the nature and identity of a legal system; 2) sovereignty, European integration and Scottish independence; 3) the legacy of the legal and political thought of the Scottish enlightenment; and 4) the role of the academic in the Scottish public sphere.



Constituting Scotland


Constituting Scotland
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Author : W. Elliot Bulmer
language : en
Publisher: Edinburgh University Press
Release Date : 2016-07-08

Constituting Scotland written by W. Elliot Bulmer and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-08 with History categories.


Before the independence referendum in 2014, the First Minister of Scotland Alex Salmond promised a written constitution for Scotland in the event of a 'Yes' vote. The UK is almost unique in having never adopted a written constitution or other fundamental law. Why did this commitment arise in Scotland?



From Cold War To Cyber War


From Cold War To Cyber War
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Author : Hans-Joachim Heintze
language : en
Publisher: Springer
Release Date : 2015-08-04

From Cold War To Cyber War written by Hans-Joachim Heintze and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-04 with Law categories.


This book follows the history of the international law of peace and armed conflict over the last 25 years. It highlights both the parameters that have remained the same over the years as well as the new challenges now facing international law. The articles analyze new developments concerning the prohibition of the use of force in international relations, self-determination of peoples, human rights and human security as well as international coordination of humanitarian assistance.



Human Rights And Scots Law


Human Rights And Scots Law
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Author : Alan Boyle
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-11-04

Human Rights And Scots Law written by Alan Boyle and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-11-04 with Law categories.


This book,written by a team of academics, judges and distinguished practitioners from the UK and abroad discusses the implications of the incorporation of the ECHR into Scots law. The contributors consider the impact of the Human Rights Act in light of the new constitutional settlement for Scotland and their experiences of other rights regimes in Europe, the Commonwealth, and the United States. The contributions span the fields of Private, Public, European Community and Comparative law and draw on human rights law and practice in the UK, the European Community, Canada, New Zealand, South Africa, the United States and Sweden, where the ECHR was recently incorporated. Topics include: analyses of the Human Rights Act and Scotland Act; human rights and the law of crime, property, employment, family and private life; Scottish court practice and procedure; Scots law and the European dimension; and building a rights culture in Scotland.



The Child As Vulnerable Patient


The Child As Vulnerable Patient
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Author : Lynn Hagger
language : en
Publisher: Routledge
Release Date : 2016-03-23

The Child As Vulnerable Patient written by Lynn Hagger and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-23 with Law categories.


How can medical law and ethics take forward the issue of children's empowerment and protection? What are the key factors in considering the balance between protecting the welfare of the young and allowing them rights to autonomy? The Child as Vulnerable Patient investigates the role that a human rights approach can play in establishing the parameters of autonomy and discusses the opportunities presented in the Human Rights Act, the European Convention on the Rights of the Child and new policy initiatives in the NHS. A valuable addition to existing literature in this area, this volume will be of interest to lawyers, health professionals and students of medical law.



Constitutional Design For Divided Societies


Constitutional Design For Divided Societies
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Author : Sujit Choudhry
language : en
Publisher: OUP Oxford
Release Date : 2008-03-27

Constitutional Design For Divided Societies written by Sujit Choudhry and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-27 with Law categories.


How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.



Impaled Upon A Thistle Scotland Since 1880


Impaled Upon A Thistle Scotland Since 1880
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Author : Ewen Cameron
language : en
Publisher: Edinburgh University Press
Release Date : 2010-03-30

Impaled Upon A Thistle Scotland Since 1880 written by Ewen Cameron and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-30 with History categories.


Ewen Cameron explores the political debate between unionism, liberalism, socialism and nationalism, and the changing political relationship between Scotland and the United Kingdom. He sets Scottish experience alongside the Irish, Welsh and European, and considers British dimensions of historical change--involvement in two world wars, imperial growth and decline, for example - from a Scottish perspective. He relates political events to trends and movements in the economy, culture and society of the nation's regions--borders, lowlands, highlands, and islands. Underlying the history, and sometimes impelling its ambitions, are the evolution and growth of national self-confidence and identity which fundamentally affected Scotland's destiny in the last century. Dr Cameron ends by considering how such forces may transform it in this one. Like the period it describes this book has politics at its heart. The recent upsurge of scholarship and publication, backed by the author's extensive primary research, underpin its vivid and well-paced narrative.



Constitutionalism Versus Legalism


Constitutionalism Versus Legalism
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Author : Eugene E. Dais
language : en
Publisher: Franz Steiner Verlag
Release Date : 1991

Constitutionalism Versus Legalism written by Eugene E. Dais and has been published by Franz Steiner Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.


Content: Sprache, Recht und Rechtsverbindlichkeit: R. Fukawa: An Analysis of the aeRules of Recognition Statement' u W. Krawietz: What does it mean to follow an aeInstitutionalised Legal Rule'? u N. MacCormick: Citizens' Legal Reasoning and its Importance for Jurisprudence u Y. Morigiwa: Hart's Theories of Language and Law u R.Tuomela: Supervenience, Collective Action, and Kelsen's Organ Theory uRecht und politische Kultur: G. Haney: Recht als Form von Kultur u A. Kojder: Dysfunctionalities of Legal Cultur u A. Lopatka: Law and Religion in Poland u M. Samu: Culture and Law: Legal Culture uWerteordnung als ideologische Basis des Rechtsstaats: R. Dreier: Konstitutionalismus und Legalismus u O. Maenpaa: Unilaterality and Consensualism in the Application of Law u K.-F. Lenz: Zivilprozea und Spiel u M. Pavcnik: Ideologie der Rechtsanwendung versus argumentierte Rechtsentscheidung u J. Uusitalo: Legal Dogmatics, Epistemology, Radical Hermeneutics u Entwicklung der Rechtsordnung und soziale Gerechtigkeit: V. Luizzi: Legal Validity and Justice u H. Rottleuthner: Recht und Technik in entwicklungstheor. Perspektive u S. Panou: Uber die aeGerechtigkeit' des Rechts u A. Squella: Legal Positivism and Democracy in the 20. Century u D. Wyduckel: Konsens und gesellschaftlich-technischer Fortschritt u Soziale Mechanismen der Rechtsanwendung und Rechtsfindung: H. Aoi: Richterliche Rechtsfindung als Pattern-Matching-Prozea uu.a. (Franz Steiner 1991)



Law And Democracy In Neil Maccormick S Legal And Political Theory


Law And Democracy In Neil Maccormick S Legal And Political Theory
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Author : Agustín José Menéndez
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-03-29

Law And Democracy In Neil Maccormick S Legal And Political Theory written by Agustín José Menéndez and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-29 with Philosophy categories.


This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.



Scottish Home Rule


Scottish Home Rule
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Author : Ben Thomson
language : en
Publisher: Birlinn
Release Date : 2020-11-11

Scottish Home Rule written by Ben Thomson and has been published by Birlinn this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-11 with Political Science categories.


A proponent of Scottish Home Rule offers a clear and concise introduction to the merits of the policy and the history of the movement. Every debate about the Scottish constitution should include the topic of Scottish Home Rule, and if there is to be another referendum in Scotland then Home Rule should be one of the options on the ballot paper. Yet, for all its importance, Home Rule is not widely understood. The proposal is seen by many Unionists as the slippery slope to Independence. Meanwhile, Independence supporters regard it as a Unionist proposal to retain sovereignty over Scotland. It is however a strong proposal in its own right, with a separate history from Independence and a more likely steppingstone to Federalism. This book lays out the merits of Scottish Home Rule as the best solution for Scotland. It covers the history of support for the Home Rule option since 1860s, a clear outline of how it works, and a discussion about how it could both improve Scotland and act as a framework for constitutional reform across the UK.