Making And Changing Law In Small Jurisdictions


Making And Changing Law In Small Jurisdictions
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Making And Changing Law In Small Jurisdictions


Making And Changing Law In Small Jurisdictions
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Author : Caroline Morris
language : en
Publisher: Springer
Release Date : 2024-03-22

Making And Changing Law In Small Jurisdictions written by Caroline Morris and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-22 with Law categories.


This book puts the spotlight on a different and neglected aspect of law drafting and reform: the question of size. Specifically, how does the size of a jurisdiction affect its ability to make and change its laws? Some of the challenges affecting small jurisdictions include: a lack of resources and paucity of policy/drafting capacity; the pressures and pull from sources outside the jurisdiction (e.g. international bodies or NGOs; larger states; treaty commitments); a vulnerability to domestic capture (e.g. criminal elements, big local businesses, strong domestic lobby groups); weak/bad governance (e.g. laws or institutions which themselves do not encourage or promote good governance, reflection and reform); the legacy of colonial legal systems and their interaction with indigenous or customary laws; and struggles to comply with constitutional norms such as accountability and transparency. Despite these difficulties small jurisdictions also have certain advantages when it comes to making and reforming law: they can be flexible and creative; they can legislate very quickly if the political will is there; and there is strong informal/formal accountability in a small jurisdiction. This edited collection explores law reform and law drafting in small jurisdictions through the themes of sovereignty; the impact of colonialism and legal plurality; the challenges of harmonising laws at regional and international levels; and constitutional reform. Of use to researchers and practitioners alike.



Making And Changing Law In Small Jurisdictions


Making And Changing Law In Small Jurisdictions
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Author : Caroline Morris
language : en
Publisher: Springer Nature
Release Date :

Making And Changing Law In Small Jurisdictions written by Caroline Morris and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.




Small States In A Legal World


Small States In A Legal World
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Author : Petra Butler
language : en
Publisher: Springer
Release Date : 2017-04-29

Small States In A Legal World written by Petra Butler and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-29 with Law categories.


This book is a unique collection of high quality articles analysing legal issues with particular regard to small states. The small states of the world differ considerably in their geography, history, political structures, legal systems and wealth. Nevertheless, because of their size, small states face a set of common challenges including vulnerability to external economic impacts such as changing trade regimes and limited ability to diversify economic activity; limited public and private sector capacity, including the legal and judicial infrastructure; a need for regional co-operation; a vulnerability to environmental changes as well as a limited ability to engage with supranational bodies and the forces of globalisation. This is the first volume of an exciting and unique new series, The World of Small States. In this work, legal experts from small jurisdictions and those with a particular interest in legal issues facing small states explore inter alia ethics in small jurisdictions, legal education and the profession in small states, the challenges facing small states with mixed legal systems, the constitutional arrangements in small states, small states as tax havens, and intellectual property and competition law issues.



The Uncitral Model Law And Asian Arbitration Laws


The Uncitral Model Law And Asian Arbitration Laws
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Author : Gary F. Bell
language : en
Publisher: Cambridge University Press
Release Date : 2018-10-04

The Uncitral Model Law And Asian Arbitration Laws written by Gary F. Bell and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-04 with Language Arts & Disciplines categories.


Explores how the text and principles of the UNCITRAL Model Arbitration Law are implemented, or not, in key Asian jurisdictions.



Ngo Law And Governance


Ngo Law And Governance
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Author : Grant B. Stillman
language : en
Publisher:
Release Date : 2006

Ngo Law And Governance written by Grant B. Stillman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Non-governmental organizations categories.




Rights Based Constitutional Review


Rights Based Constitutional Review
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Author : John Bell
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-04-29

Rights Based Constitutional Review written by John Bell and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-29 with Law categories.


Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.



Mixed Jurisdictions Worldwide


Mixed Jurisdictions Worldwide
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Author : Vernon Valentine Palmer
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-28

Mixed Jurisdictions Worldwide written by Vernon Valentine Palmer and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-28 with Law categories.


This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.



How Our Laws Are Made


How Our Laws Are Made
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Author : John V. Sullivan
language : en
Publisher:
Release Date : 2007

How Our Laws Are Made written by John V. Sullivan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Government publications categories.




Small States And The New Security Environment


Small States And The New Security Environment
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Author : Anne-Marie Brady
language : en
Publisher: Springer Nature
Release Date : 2020-11-23

Small States And The New Security Environment written by Anne-Marie Brady and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-23 with Law categories.


This book examines the security, defence and foreign policy choices and challenges of small states in NATO and its small partner states in the new security environment. The main aim of the book is to analyse how these states are dealing with current and emerging security challenges and how they might better prepare for these challenges. A special focus is on ‘new’ security threats and solutions, such as drones and hybrid warfare. Simultaneously, the book focusses on how small states are responding to emerging ‘old threats’, such as Russian aggression in its neighbouring states and increased activity in the North Atlantic. The book makes an attempt to answer questions like: How are the small states of NATO and its small partner states adjusting to the new geo-political and geo-economic environment? Do small states in NATO manage the tension between alliance commitments differently from small states that are not members of NATO? What are the core strategic interests of the NATO and non-NATO partner small states? The book is about the external dimension of inherent size-related difficulties in states and how small states compensate for their inbuilt structural weaknesses compared with their larger neighbouring states. One third of the member states of NATO are small and most NATO partner states are small states too. Small states frequently have a disproportionate effect on global politics and they are more often affected by global shifts of power, yet they have less resources available to address security challenges. The aim of the book is to enhance the understanding of the role of small states in the changing global international security environment. The book presents the theory of shelter (which is derived from the diverse and extensive literature on small states) and uses it to examine how small states respond to new and old security threats. Shelter theory addresses three interrelated issues of common concerns to small states: the reduction of risk before a possible crisis event, assistance in absorbing shocks in times of crises, and help in recovering after such an event. In short, shelter theory claims that small states need external shelter in order to survive and prosper. They are dependent on the economic, political, and societal shelter provided by larger states, as well as regional and international organizations.



Small Island Developing States


Small Island Developing States
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Author : Stefano Moncada
language : en
Publisher: Springer Nature
Release Date : 2021-10-19

Small Island Developing States written by Stefano Moncada and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-19 with Law categories.


This book explores how vulnerable and resilient communities from SIDS are affected by climate change; proposes and, where possible, evaluates adaptation activities; identifies factors capable of enhancing or inhibiting SIDS people’s long-term ability to deal with climate change; and critiques the discourses, vocabularies, and constructions around SIDS dealing with climate change. The contributions, written by well-established scholars, as well as emerging authors and practitioners, in the field, include conceptual papers, coherent methodological approaches, and case studies from the communities based in the Caribbean Sea and the Indian, Atlantic, and Pacific Oceans. In their introduction, the editors contextualise the book within the current literature. They emphasise the importance of stronger links between climate change science and policy in SIDS, both to increase effectiveness of policy and also boost scholarly enquiry in the context of whose communities are often excluded by mainstream research. This book is timely and appropriate, given the recent commission by the Intergovernmental Panel on Climate Change (IPCC) of a Special Report that aims at addressing vulnerabilities, “especially in islands and coastal areas, as well as the adaptation and policy development opportunities” following the Paris Agreement. Coupled with this, there is also the need to support the policy community with further scientific evidence on climate change–related issues in SIDS, accompanying the first years of implementation of the United Nations Sustainable Development Goals.