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Pensions As Property - Insights From The European Convention On Human Rights

de Kevin Hartmann-Cort S

~~107,33€~~ 85,86€ 20% IMEDIATO

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 This book explores the impact of the European Convention on Human Rights (ECHR) when defining and protecting pension entitlements as property rights. The sustainability of pension systems in Europe is threatened by mounting public debt and demographic shifts. In recent decades, governments have addressed these challenges by implementing reforms to balance financial stability and guarantee adequate retirement benefits. Many of these reforms have faced legal challenges from activists and lawyers in domestic courts, based on 'stand-still' and 'non-retrogression' constitutional principles. However, Article 1 of Protocol No. 1 of the ECHR offers an alternative approach that protects social security entitlements, including pensions, as private property, deserving of protection against unjustified state interference. This book explores the historical legal rationale employed by the Court to establish social security entitlements as private property. It further examines how the Court has assessed reforms through a proportionality assessment that weights public interests against individual rights. This analysis distils key principles such as reasonableness, non-discrimination, and fair distribution of burdens that can guide policymakers towards responsible, rights-compliant reform. Hartmann-Cort s prompts critical inquiry into an often-overlooked framework that will be of interest to policymakers, legal scholars, and anyone engaged in debates at the intersection of pension law, property rights, and social welfare law.
INGLÊS

The President Shall Nominate - How Congress Trumps Executive Power

de Mitchel A. Sollenberger

~~57,61€~~ 46,09€ 20% IMEDIATO

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 The Constitution clearly states that the president “shall nominate, and by and with the advice and consent of the Senate, shall appoint” individuals to positions in the executive and judicial branches; yet the process may sometimes seem murky. While much has been written about the confirmation phase of those appointments, far less attention has been paid to the pre-nomination process—until now.In this groundbreaking book, Mitchel Sollenberger takes readers behind the scenes to explain what happens before presidents publicly announce their nominees. A comprehensive history of this process, his book shows how political practice has shaped the use of a power that the Constitution declared must be shared by the executive and legislative branches.Drawing on unpublished letters and papers of presidents, senators, and other public figures, Sollenberger unravels the way this struggle has been viewed and resolved from George Washington’s day to the present. He reveals the extent to which the political process has shaped the outcomes of particular appointments and how these outcomes have reflected the fundamental principle of shared power. Along the way, he sheds new light on issues related to express and implied power, the validity of the unitary executive model, the tension between politics and professionalism, and the limits of originalism and textualism in interpreting the appointment process.Sollenberger documents how the president and Senate have worked with or against each other in managing the pre-nomination process, examining both the tradition of the president’s consulting with senators and the Senate’s numerous ways of killing a nomination. He also shows how the two branches have often sought compromise rather than test public patience, yet another testament to the genius of our system of checks and balances. And while past observers of the process have looked most closely at judicial appointments, Sollenberger casts a much wider net, while critiquing the “spoils era,” civil service reform, and implications of the Pendleton Act before concluding with George W. Bush and his appointment of Michael Brown to FEMA. The first major study of the pre-nomination phase, Sollenberger’s work asks important questions about our constitutional balance of powers and shows us how the appointments clause should ideally operate in a republican form of government.
INGLÊS

Making And Breaking The Rules In Business And Human Rights

de Claire H. Palmer

~~139,13€~~ 111,30€ 20% IMEDIATO

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 This book illuminates how governments, international organisations, NGOs and and individuals make (and break) the rules in business and human rights. It covers a rich array of examples of rule-making, and introduces a new theoretical framework to assist scholars in understanding trends in the area of business and human rights.
INGLÊS

The Myth Of Birthright Citizenship - What The Fourteenth Amendment Really Says

de Richard A. Epstein

~~31,68€~~ 25,34€ 20% IMEDIATO

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 The Citizenship Clause of the Fourteenth Amendment of the U.S. Constitution seems quite simple. Yet it is embroiled in one of the most contentious constitutional battles of our time: birthright citizenship. In The Myth of Birthright Citizenship, Richard A. Epstein explains what the Constitution actually says about citizenship—and what it doesn’t.
Many believe that the Citizenship Clause bestows citizenship upon anyone born in the United States, but Epstein explains why this understanding is profoundly wrong. On the contrary, acquiring citizenship requires one to be “subject to the jurisdiction” of a sovereign—or to offer loyalty in exchange for protection. It is not sufficient to obtain citizenship by simply living “within [the] jurisdiction” of a state. Therefore, mere birth of an alien in the U.S. does not grant him citizenship but only allows him, as a minor, to be naturalized when his parents are naturalized.
Epstein’s powerful evidence for this position comes from a close textual analysis of the Constitution. It is enriched by a study of the overlooked Naturalization Acts from 1790 to 1870; the writings of such giants as William Blackstone and Emmerich de Vattel before the American Revolution; the mixed reception of English practice in America after the Revolutionary War at both the state and federal levels; and the case law and institutional practices in this country both before and after the Civil War, which include a study of black and Chinese naturalization history.
The book also examines how earlier debates over birthright citizenship have helped shape the evolution of constitutional doctrine throughout the twentieth century on such key questions as voting rights, segregated schools, takings, taxation, and unconstitutional conditions. It further examines the responses of judges and commentators to President Trump’s January 20, 2025, executive order prohibiting the executive branch from issuing documents recognizing the citizenship of those claiming birthright citizenship.
INGLÊS

Deterring Political Deceit - A Constitutional Argument To Defend The People'S Democracy

de David Chang

~~20,17€~~ 16,14€ 20% IMEDIATO

 Offers a new First Amendment framework that permits deterring political deceit, while minimizing the chill of honest discourse, by targeting fraudulent intent, not false content More than ever, influencers and politicians communicate political messages that they do not believe to be true. This political deceit is constitutionally valueless, harms public discourse, and impedes effective public decision-making. Yet, under current doctrine, the Supreme Court would invalidate any regulation of deceitful political advocacy as an abridgement of political speech. In Deterring Political Deceit, David Chang explores why traditional efforts to target falsity in political speech have been rooted in constitutional error. While the Court has determined that the defamation of public officials is unprotected, it wrongly declared that false statements of fact lack constitutional value, and overlooked the contradiction between deceitful communicative intent and free speech values. Both errors together have prevented reformers from identifying the political fraudsters who should be deterred by law, and recognizing the politically sincere who should be protected and respected, even when wrong. Chang makes a bold and compelling legal argument for why deceitful political speech should be excluded from First Amendment protection. He proposes a dexterous solution: A false political statement is constitutionally valuable, and deserves protection-if the speaker believes their message to be true. A political message that the speaker did not believe to be true, regardless of its content, is constitutionally valueless, societally harmful, and does not deserve protection from regulatory deterrence. Drawing upon fresh, valuable insights, Deterring Political Deceit identifies wrongdoing that challenges the survival of this constitutional democracy, and charts a path for the People’s self-defense through law.
INGLÊS

Constitutional Courts In Comparison - The Us Supreme Court And The German Federal Constitutional Court

~~26,43€~~ 21,14€ 20% IMEDIATO

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 The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.
INGLÊS

Cambridge History Of Rights: Volume 4, The Eighteenth And Nineteenth Centuries

~~159,00€~~ 127,20€ 20% IMEDIATO

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 This volume examines how writers during the eighteenth and nineteenth centuries transformed and propagated new ideas about rights, and offers a global perspective on rights-making. A comprehensive resource for students and scholars of intellectual, social, and political history.
INGLÊS

Cambridge History Of Rights: Volume 4, The Eighteenth And Nineteenth Centuries

~~159,00€~~ 127,20€ 20% IMEDIATO

DISPONIBILIDADE IMEDIATA

 This volume examines how writers during the eighteenth and nineteenth centuries transformed and propagated new ideas about rights, and offers a global perspective on rights-making. A comprehensive resource for students and scholars of intellectual, social, and political history.
INGLÊS

The Constitution Cannot Save Us - Why We Can No Longer Rely On Our Founding Document

de Louis Michael Seidman

~~30,72€~~ 24,58€ 20% IMEDIATO

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 A radical argument by the leading constitutional scholar that American constitutional law lacks the resources to address our current problems, and risks making them worse “A sharp-edged and well-informed takedown of one of America’s sacred cows.” —Publishers Weekly on Mike Seidman’s From Parchment to DustConstitutional theorists on the Right and the Left are united in the belief that constitutional law and review by the Supreme Court are crucial to the success of the American experiment. Both sides believe that, on issues ranging from affirmative action, reproductive freedom, and gun control, to economic regulation, regulation of speech, and the role of religion in American society, popular democracy is just too dangerous to go unchecked.

In a radical and paradigm-shifting argument sure to change the debate about the rule of law in the age of Trump, leading constitutional law scholar Louis Michael Seidman argues that the American Constitution lacks the resources to address our current problems, and that reliance on it risks making the challenges that face us worse. Seidman, called “one of our greatest living constitutional scholars” by Georgetown University Law professor Rosa Brooks, understands that a natural reaction to the current danger is to shore up the foundations of constitutional theory, uniting in the defense of “the rule of law.” But he sees this response as gravely mistaken and bound to fail. As he writes in the introduction, “no one should be fooled into thinking that a legal strategy will stop the broad thrust of the Trump revolution.”

Seidman reviews and critiques prevalent constitutional theories on the Right and the Left, from originalism to “living constitutionalism,” highlighting ways in which they fail to meet the current moment. Instead, he charts a different way forward. If both sides ended their dogmatic insistence that divisive social issues can be definitively settled by a piece of aging parchment, we might ease political tensions and begin a respectful and productive debate about the deep grievances that are tearing the country apart.
INGLÊS

No Liberty To Libel - The Constitutional Case Against New York Times V. Sullivan

de Carson Holloway

~~31,68€~~ 25,34€ 20% IMEDIATO

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 In 1964 the Supreme Court radically altered its interpretation of the First Amendment of the U.S. Constitution. In the famed libel case, New York Times v. Sullivan, the Court ruled that public officials claiming to be victims of defamation would be held to a higher standard than ordinary citizens. They must prove not only that they were victims of defamatory falsehood, but also that their defamers acted with “actual malice”: knowledge that their claim was false, or at least a reckless disregard for its truth or falsity. As a result of this ruling, newspapers cannot now be easily held liable for false defamatory statements about politicians, celebrities, or other public figures. Though many have heralded Sullivan as a landmark ruling in defense of First Amendment freedoms, in No Liberty to Libel, Carson Holloway argues that the Supreme Court erred dangerously in its interpretation of the Constitution. Holloway contends that the Court should revisit and reject the Sullivan doctrine.  Holloway demonstrates that the Sullivan doctrine’s two-tier system of libel law—with one standard for ordinary persons and another for the prominent—has no roots in the original understanding of the freedom of the press, or in the tradition of American law that prevailed for most of our history. This tradition held more simply and consistently that libel was an exercise not of liberty but of license, and hence outside the scope of the freedom of the press.  A Supreme Court committed to interpreting the Constitution faithfully—that is, according to its text, original meaning, and historical understanding— must reject New York Times v. Sullivan as a product of judicial policymaking untethered to the real meaning of the First Amendment.
INGLÊS

European Citizenship Through The Lens Of Eu Values

de Gaelle Marti

~~69,99€~~ 55,99€ 20% IMEDIATO

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 Is EU citizenship compatible with European values? In the wake of the Convention on the Future of Europe, and against the backdrop of the many challenges facing the EU (security, economic, migration, health, climate, digital, etc.), this book aims to take stock of the scope and content of European citizenship and its capacity to embody the values of the Union. Seen as the culmination of a political project, EU citizenship is also regularly criticised as a mere market citizenship whose rights only benefit the mobile and wealthy. The first part of the book therefore focuses on assessing the values of the Union in the light of European citizenship (with an emphasis on dignity, equality, democracy and respect for human rights), while the second part analyses the ways in which European citizenship can truly embody the values of the Union. The aim is to rethink the Unions capacity to ensure the effective dissemination of the values underlying the European social contract and to anchor them in a democratic project underpinned by European citizenship. This book is the result of an international academic conference held at the University of Lyon 3 at the end of 2023 and is part of the Jean Monnet Chairs research project on the promotion and preservation of the values of the Union. It brings together contributions from Ninon Forster (Professor of Public Law, University of Valenciennes), Anastasia Iliopoulou (Professor of Public Law, University of Paris Pantheon Assas), Julie Rondu (Assistant Professor of Public Law, University of Strasbourg), Mathieu Rouy (PhD in EU law, Research fellow at EDIEC, Jean Moulin Lyon 3 University), Quitterie Roccaserra (Doctoral candidate, University Paris Pantheon Assas), Felicie Remlinger (Doctoral candidate, University Paris Pantheon Assas), Irene Marchioro (Postdoctoral researcher, University of Trieste), Michele Messina (Professor of Law, University of Messina) and Andrew Fagan (Senior Lecturer, University of Essex).
INGLÊS

Federalist Papers - A Foundational Guide To American Government, Liberty, And Constitutional Law

de Alexander Hamilton, James Madison e John Jay

0,99€ + 10% EM CARTÃO

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 Before America could be united, it had to be persuaded.The Federalist Papers are a collection of 85 essays written in 1787-88 by Alexander Hamilton, James Madison, and John Jay under the pseudonym "Publius." Their purpose: to defend and explain the newly proposed Constitution of the United States and advocate for its ratification.These writings remain the single most authoritative commentary on the intent of the Founding Fathers. Covering checks and balances, federalism, the separation of powers, the judiciary, and individual liberty, The Federalist Papers are essential for understanding American democracy.This complete and annotated edition features historical context, thematic summaries, and modern formatting, making it ideal for students, educators, law professionals, and citizens engaged in civic life."The most important commentary ever written on the Constitution." — U.S. Supreme Court"As vital today as when they were first penned—read them to understand liberty itself." — The Wall Street JournalClick Buy Now and engage with the intellectual blueprint that built a nation.
INGLÊS

Prohibition Of Torture And Ill-Treatment Under International Law

de Stuart Casey-Maslen

~~159,00€~~ 127,20€ 20% IMEDIATO

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 This book describes what torture is and how international law has sought to outlaw the practice. Torture is not only inflicted upon those in detention but may also occur while policing protests. Increasingly, torturers can be prosecuted for acts they perpetrate anywhere in the world.
INGLÊS

Prohibition Of Torture And Ill-Treatment Under International Law

de Stuart Casey-Maslen

~~159,00€~~ 127,20€ 20% IMEDIATO

DISPONIBILIDADE IMEDIATA

 This book describes what torture is and how international law has sought to outlaw the practice. Torture is not only inflicted upon those in detention but may also occur while policing protests. Increasingly, torturers can be prosecuted for acts they perpetrate anywhere in the world.
Fighting Grand Corruption - Transnational And Human Rights Approaches In Latin America And Beyond

de Naomi Roht-Arriaza

~~33,11€~~ 26,49€ 20% IMEDIATO

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Fighting Grand Corruption - Transnational And Human Rights Approaches In Latin America And Beyond

de Naomi Roht-Arriaza

~~33,11€~~ 26,49€ 20% IMEDIATO

DISPONIBILIDADE IMEDIATA
All For Civil Rights - African American Lawyers In South Carolina, 1868-1968

de W. Lewis Burke

~~90,03€~~ 72,02€ 20% IMEDIATO

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 "The history of the black lawyer in South Carolina," writes W. Lewis Burke, "is one of the most significant untold stories of the long and troubled struggle for equal rights in the state." Beginning in Reconstruction and continuing to the modern civil rights era, 168 black lawyers were admitted to the South Carolina bar. All for Civil Rights is the first book-length study devoted to those lawyers’ struggles and achievements in the state that had the largest black population in the country, by percentage, until 1930—and that was a majority black state through 1920. Examining court processes, trials, and life stories of the lawyers, Burke offers a comprehensive analysis of black lawyers’ engagement with the legal system. Some of that study is set in the courts and legislative halls, for the South Carolina bar once had the highest percentage of black lawyers of any southern state, and South Carolina was one of only two states to ever have a black majority legislature. However, Burke also tells who these lawyers were (some were former slaves, while others had backgrounds in the church, the military, or journalism); where they came from (nonnatives came from as close as Georgia and as far away as Barbados); and how they were educated, largely through apprenticeship. Burke argues forcefully that from the earliest days after the Civil War to the heyday of the modern civil rights movement, the story of the black lawyer in South Carolina is the story of the civil rights lawyer in the Deep South. Although All for Civil Rights focuses specifically on South Carolinians, its argument about the legal shift in black personhood from the slave era to the 1960s resonates throughout the South.
INGLÊS

Cambridge Handbook Of The Right To Freedom Of Thought

~~178,88€~~ 143,10€ 20% IMEDIATO

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INGLÊS

Cambridge Handbook Of The Right To Freedom Of Thought

~~178,88€~~ 143,10€ 20% IMEDIATO

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INGLÊS

Introduction To The Philosophy Of Law

de Roscoe Pound

~~1,31€~~ 1,05€ 20% IMEDIATO

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 An Introduction to the Philosophy of Law gives the reader a pragmatic glimpse of the history of legal philosophy from early Greek and Roman codifications to the judicial analysts of the nineteenth century.
INGLÊS

Forest Fights Back - A Global Movement For The Rights Of Nature

de Jessica Den Outer

~~17,21€~~ 13,77€ 20% IMEDIATO

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 Can nature be given rights?
INGLÊS

Un Convention On The Rights Of The Child And Domestic Courts

de Meda Couzens

~~145,75€~~ 116,60€ 20% IMEDIATO

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 An essential resource bringing fresh perspectives to the study of the judicial application of the UN Convention on the Rights of the Child within domestic legal systems. The relationship between domestic and international law is considered through the application of the Convention by courts in four jurisdictions.
INGLÊS

Un Convention On The Rights Of The Child And Domestic Courts

de Meda Couzens

~~145,75€~~ 116,60€ 20% IMEDIATO

DISPONIBILIDADE IMEDIATA

 An essential resource bringing fresh perspectives to the study of the judicial application of the UN Convention on the Rights of the Child within domestic legal systems. The relationship between domestic and international law is considered through the application of the Convention by courts in four jurisdictions.
INGLÊS

Secrets Unveiled - The Government Declassification Process Explained

de Andrew Perrine

~~3,83€~~ 3,06€ 20% IMEDIATO

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 Discover the intricate world of government declassification in this comprehensive guide that balances national security with the public's right to know. "Secrets Unveiled" delves into the historical context, legal frameworks, and key agencies involved in the declassification process. Through detailed case studies and milestones, this book reveals how declassification has shaped public knowledge and accountability. Learn about the roles and responsibilities of declassifiers, the impact of notable document releases, and the ongoing tension between transparency and national security. Perfect for open government enthusiasts and conspiracy theorists alike, this book provides a thorough understanding of the mechanisms behind government secrecy and the importance of fostering a well-informed citizenry.
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