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This book explores the convergence of law and public policy. Drawing on case studies from Asia, Europe, the Middle East and Australia, it examines how judicial and political institutions are closely linked to the socio-economic concerns of the citizens. The essays argue for the utilization of both legislative and executive, private and public spheres of society as vehicles for transformative social change and to safeguard against violations of socio-economic rights. The volume will be of great interest to both public and private stakeholders, as well as professionals, including NGOs and think tanks, working in the areas of law, government, and public policy. It will also be immensely useful to academics and researchers of constitutionalism, policymaking and policy integration, social justice and minority rights.
This cutting-edge book considers the functional inseparability of risk and innovation within the context of environmental law and governance. Analysing both ‘hard’ and ‘soft’ innovation, the book argues that approaches to socio-ecological risk require innovation in order for society and the environment to become more resilient.
"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
Visual and multimedia digital technologies are transforming the practice of law: how lawyers construct and argue their cases, present evidence to juries, and communicate with each other. They are also changing how law is disseminated throughout and used by the general public. What are these technologies, how are they used and perceived in the courtroom and in wider culture, and how do they affect legal decision making? In this comprehensive survey and analysis of how new visual technologies are transforming both the practice and culture of American law, Neal Feigenson and Christina Spiesel explain how, when, and why legal practice moved from a largely words-only environment to one more dependent on and driven by images, and how rapidly developing technologies have further accelerated this change. They discuss older visual technologies, such as videotape evidence, and then current and future uses of visual and multimedia digital technologies, including trial presentation software and interactive multimedia. They also describe how law itself is going online, in the form of virtual courts, cyberjuries, and more, and explore the implications of law’s movement to computer screens. Throughout Law on Display, the authors illustrate their analysis with examples from a wide range of actual trials.
What determines the interests, ideologies, and alliances that make up political parties? In its entire history, the United States has had only a handful of party transformations. First to the Party concludes that groups like unions and churches, not voters or politicians, are the most consistent influences on party transformation.
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.
An updated edition of the classic text on public administration presents practical steps for managing government effectively in an age of hyperpartisanship. Co-winner of the Louis Brownlow Book Award from the National Academy of Public Administration The traditional theory of public administration is based on entrenched notions of hierarchy and authority. However, as the structure of public work has grown less hierarchical, managers have adopted a wide variety of non-authoritarian strategies. This growing gap between theoretical ideas and actual practice poses enormous challenges for front-line leaders struggling to deal with ever-larger expectations and ever-tighter budgets—and for American government in determining how best to hold public administrators accountable for their performance. The Transformation of Governance offers a new framework for reconciling effective administration with the requirements of democratic government. Instead of thinking in terms of organizational structure and management, Donald F. Kettl suggests, administrators and theorists need to focus on governance, or the links between government and its broader environment—political, social, and administrative—through which social action occurs. In this updated edition, a new epilogue shows Kettl urging political leaders to step back from the political barricades of hyperpartisanship to consider government’s contemporary dilemma: Is there any practical way forward for public administrators to manage government effectively? Reinforcing the ten principles of bridge building which he developed in the original book, Kettl adds an eleventh, which lays out five transformative strategies: redefining public law to promote public accountability; re-conceptualizing government agencies as instruments of leverage; launching government leaders as boundary spanners; using information technology for building authority and trust; and incorporating performance management into processes that drive collaboration. With a new preface from Michael Nelson, editor of the Interpreting American Politics series, this award-winning book will be sought out by public policymakers eager to read a leading scholar's newest insights into the field.
"'Rights' language and practices have been used increasingly in the last decade to address conditions of economic, social, and cultural marginalization. It is still unclear, however, whether such efforts have been effective at promoting transformative social change. Have rights - as embodied in constitutions, statutory and judicial law, international conventions, resolutions, and treaties - fostered demonstrative improvements in the lives of the excluded? When, where, how, and under what conditions? This volume explores these questions through a systematic comparison of the mechanisms, actors, and pathways (MAPs) operating in a diversity of cases, analyzed by established scholars from different disciplinary backgrounds. The MAPs comparative approach provides insights into the conditions under which, and institutions through which, rights 'on the books' are more or less effectively translated into substantive rights realization. We suggest multiple pathways in which litigation may combine with non-legal mechanisms and strategies, including institutionalized and non-institutionalized politics and global and local networks and advocacy. The volume is unique in its synthesis and advancement of parallel issues and debates across different disciplines and geographic regions; it likewise brings into dialogue scholars of economic, social and cultural rights with the scholarship on civil and political rights. These cross-fertilizations allow us to conclude by proposing a series of testable hypotheses about how economic and social rights might be realized, as well as an agenda for future research to broaden and deepen empirical integration and theoretical synthesis in ways that can facilitate human rights realization worldwide."--Provided by publisher.
Human rights issues arise more and more often in an intellectual property context. ' Intellectual property and human rights' is the first comprehensive analysis of this emerging nexus of legal issues. In twenty-one incisive essays, well-known authorities in both intellectual property law and human rights law present in-depth analysis and discussion of such essential topics as the following: The human rights credentials of copyright and other intellectual property rights; The relations between copyright and freedom of speech and of expression, from the perspectives of both North American and European law; The relevance to copyright of the public interest defence in European law; The way trade marks and human rights interfere; The human rights and morality aspects of biotechnological patents and stem cell patents; The interaction between human rights and geographical indications; and The fundamental rights of privacy in an intellectual property environment. In the years to come, more and more lawyers will be confronted with issues involving the interaction of intellectual property and human rights. As a groundbreaking work ' Intellectual property and human rights' will be seen as a cornerstone of the debate. Practitioners, academics and policymakers in both fields will immediately recognize its value as a springboard to the informed future development of this new and crucial area of legal theory and practice.