Common Values And The Public Private Divide

Author: Dawn Oliver
Editor: Cambridge University Press
ISBN: 9780406983039
Size: 16,31 MB
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This text is a critical study of the public/private law divide in the common law tradition. Professor Oliver's starting point is that special substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging what are considered 'private' functions. She questions the validity of the traditional dichotomy, and proposes new criteria for imposing such duties in accordance with underlying values, including the control of power and respect for the individual's autonomy and dignity. Written by a leading law academic, this is an important and original contribution to public law literature, providing an informed and considered overview for legal academics and students.

International Human Rights In Context

Author: Henry J. Steiner
Editor: Oxford University Press, USA
ISBN: 019927942X
Size: 16,34 MB
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The third edition of International Human Rights in Context continues to bring sophisticated and thought-provoking analysis to the study of human rights within its wider social and cultural context. This widely acclaimed interdisciplinary coursebook presents a diverse range of carefully edited primary and secondary materials alongside extensive text, editorial commentary, and study questions. Within its conceptual framework, the book thoroughly covers the major topics of internationalhuman rights: the basic characteristics of international law; evolution of the human rights movement movement; civil, political, economic and social rights; the humanitarian laws of war; globalization; self-determination; women's rights; universalism and cultural relativisim; intergovernmental and nongovernmental institutions; implementation and enforcement; internal application of human rights norms; and the spread of constitutionalism. The third edition has been considerably revised and restructured to incoroprate new themes and topics including: human rights in relation to terrorism amd national security; responsibility of nonstate actors for human rights violations; recent substantial changes in sources and processes of international law; achieved and potential reforrm within UN human rights institution; theories about international organizations and their influence on state behavior. Its scope, challenging enquiries, and clarity make it the ideal companion for human rightsstudents, scholars, advocates and practitioners alike. Online Resource Centre The third edition will be accompanied by a new online resource centre which will house the Annex of Documents, allowing them to be updated between editions.

Voices At Work

Author: Alan Bogg
Editor: Oxford University Press
ISBN: 0199683131
Size: 15,86 MB
Format: PDF, Kindle
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This book investigates the intersection between law and worker voice in a sample of industrialised English speaking countries, namely Australia, Canada, New Zealand, UK, and USA. While these countries face broadly similar regulatory dilemmas, they have significant differences between their industrial systems and legal cultures

New Perspectives On The Public Private Divide

Author: Law Commission of Canada
Editor: UBC Press
ISBN: 9780774810432
Size: 18,21 MB
Format: PDF, Mobi
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This rich collection of essays explores how the public-private divideinfluences, challenges, and interacts with law and law reform. Throughvarious case studies, the contributors reflect on this complexdichotomy's role in structuring the socio-legal environment for thepersonal, social, economic, and governance relationships of citizens.They demonstrate that while the split between the public and theprivate is a useful way to understand the world, it is always only anideological construct, and as such open to challenge.

The Constitutional Foundations Of Judicial Review

Author: Mark Elliott
Editor: Hart Publishing
ISBN: 1841131806
Size: 17,64 MB
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Recent years have witnessed a vibrant debate concerning the constitutional basis of judicial review, which reflects a broader discourse about the role of the courts, and their relationship with the other institutions of government, within the constitutional order. This book comprehensively analyzes the foundations of judicial review. It subjects the traditional justification, based on the doctrine of ultra vires, to critical scrutiny and fundamental reformulation, and it addresses the theoretical challenges posed by the impact of the Human Rights Act 1998 on administrative law and by the extension of judicial review to prerogative and non-statutory powers. It also explores the relationship between the theoretical basis of administrative law and its practical capacity to safeguard individuals against maladministration. The book seeks to develop a constitutional rationale for judicial review which founds its legitimacy in core principles such as the rule of law, the separation of powers and the sovereignty of Parliament. It presents a detailed analysis of the interface between constitutional and administrative law, and will be of interest to all public lawyers.

Liability And Environment

Author: Lucas Bergkamp
Editor: Martinus Nijhoff Publishers
ISBN: 9789041116451
Size: 13,13 MB
Format: PDF, Kindle
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"This book provides an analysis of civil liability for environmental harm in an inter- and transnational context. It covers both liability of private parties and state liability under international and EC law, and discusses national law developments in this area. It explores in particular the relationship between public environmental law and private liability law. Applying an instrumental approach to legal instruments, it aims to redefine the role of liability in this heavily regulated area." -- from the Preface.

The Public Law Of Government Contracts

Author: Anne C. L. Davies
Editor: Oxford University Press on Demand
ISBN:
Size: 11,82 MB
Format: PDF
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This text offers an in-depth examination of the law on government contracts and develops a challenging approach which views government contracts from a public law perspective as opposed to a matter for private law.

Religious Freedom Religious Discrimination And The Workplace

Author: Lucy Vickers
Editor: Hart Pub Limited
ISBN:
Size: 17,11 MB
Format: PDF, ePub, Mobi
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The book considers the extent to which religious interests are protected in the workplace, with particular reference to the protection against religious discrimination provided by the Employment Equality (Religion and Belief) Regulations 2003. It establishes a principled basis for determining the proper scope of religious freedom at work, and considers the interaction of freedom of religion with the right not to be discriminated against on grounds of religion. Discrimination on grounds of religion and belief within the workplace raises many complex and contested issues, not least because of the multi-faceted nature of religious discrimination. Discrimination can occur where secular employers refuse to employ or accommodate religious employees, as well as where religious groups refuse to employ those of a different religion, or those of the same religion whose interpretation or practice of the faith differs. Adding to the complexity is the fact that freedom of religion is protected as a fundamental human right which may be enjoyed by both religious individuals and religious groups. Although it is not an absolute right, its importance to individuals means that religious freedom may warrant a degree of protection in the work context. The book begins with a study of the basis for protecting religious freedom and considers the extent to which that right should be exercised in specialised context of the workplace. It takes a comparative approach, considering the position in other common law jurisdictions, and within the European Union. It locates the debate surrounding these issues within a philosophical and theoretical framework in which the importance of freedom of religion, and its role within the workplace is fully debated.

Political Theory

Author: SUSHILA RAMASWAMY
Editor: PHI Learning Pvt. Ltd.
ISBN: 8120350480
Size: 16,37 MB
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Political theory and political philosophy are generally used inter-changeably, though sometimes a distinction is made between the two. This book on political theory deals with the study of political instructions alongwith the theories of State, Law, Liberty and Equality. In its second edition, the book continues to analyse the key concepts like Authority, Power, Sovereignty, Political obligation, Civil disobedience, Citizenship, Rights, Democracy and Justice. The non-western ideas, including Indian and Chinese, are incorporated to underline cultural plurality and shared values in an enterprise that tries to set universal standards. The book is designed for the undergraduate and postgraduate students of Political Science. The book will be equally beneficial for the students appearing for the civil services examinations.

Justice Legality And The Rule Of Law

Author: Dawn Oliver
Editor: Oxford University Press
ISBN: 0199568669
Size: 20,97 MB
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Pitcairn Island has a reputation as a paradise, but girls on the island have been subject to sexual abuse by the menfolk for years. This book explores the reality of life on the island and discusses the issues raised once the abuse was revealed to the British government. Was prosecution of the men for breach of laws that had not been published on the island the right approach? Was the prosecution an unjustified imposition of Western standards on a community with adifferent culture? Or are there universal standards which are rightly imposed on such a community? What has international law to say about such situations?