Law, Localism, and the Constitution

Law, Localism, and the Constitution PDF Author: John Stanton
Publisher: Taylor & Francis
ISBN: 0429760299
Category : Law
Languages : en
Pages : 208

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Book Description
Local government affects us all. Wherever we live, in towns, cities, villages, or the smallest of communities, there are locally elected councils tasked with representing people’s interests in the running of the local area. This involves, inter alia, providing public services, maintaining local spaces, and acting as a level of democratic governance within the broader constitutional and executive structure of the state. To fulfil these responsibilities, though, local government must be democratically legitimate; it must have at its disposal reasonable means and resources to function; and it must enjoy a healthy and balanced relationship with centralised government. This book explores and analyses the extent to which local government in the different parts of the United Kingdom is able to function effectively and democratically. It draws from local councillors’ views in analysing the state of local government under the current constitutional and governmental arrangements, discussing issues such as councils’ relationships with central government; citizen engagement; finance and public services; and the impact of recent reforms. It contrasts and compares the different approaches adopted in England, Scotland, Wales, and Northern Ireland, also setting out and discussing possible reforms of local government across the United Kingdom. While the focus is on the United Kingdom, the work includes a comparison with other relevant jurisdictions.

Law, Localism, and the Constitution

Law, Localism, and the Constitution PDF Author: John Stanton
Publisher: Taylor & Francis
ISBN: 0429760299
Category : Law
Languages : en
Pages : 208

Get Book

Book Description
Local government affects us all. Wherever we live, in towns, cities, villages, or the smallest of communities, there are locally elected councils tasked with representing people’s interests in the running of the local area. This involves, inter alia, providing public services, maintaining local spaces, and acting as a level of democratic governance within the broader constitutional and executive structure of the state. To fulfil these responsibilities, though, local government must be democratically legitimate; it must have at its disposal reasonable means and resources to function; and it must enjoy a healthy and balanced relationship with centralised government. This book explores and analyses the extent to which local government in the different parts of the United Kingdom is able to function effectively and democratically. It draws from local councillors’ views in analysing the state of local government under the current constitutional and governmental arrangements, discussing issues such as councils’ relationships with central government; citizen engagement; finance and public services; and the impact of recent reforms. It contrasts and compares the different approaches adopted in England, Scotland, Wales, and Northern Ireland, also setting out and discussing possible reforms of local government across the United Kingdom. While the focus is on the United Kingdom, the work includes a comparison with other relevant jurisdictions.

Constitutional Imaginaries

Constitutional Imaginaries PDF Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1000456099
Category : Law
Languages : en
Pages : 176

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Book Description
This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

Healing American Democracy

Healing American Democracy PDF Author: Mike Hais
Publisher: Createspace Independent Publishing Platform
ISBN: 9781985888401
Category : Decentralization in government
Languages : en
Pages : 88

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Book Description
American democracy is in trouble. Loss of public confidence in the federal government to solve-or even care about-the problems and concerns of ordinary people has bred both frustration and anger. At the same time, sharp divisions-partisan, demographic, cultural, generational and economic-make finding consensus at the federal level nearly impossible. Yet pundits and politicians continue to call for leadership that "brings us together" as the antidote to this growing divisiveness. The authors profoundly disagree. Mike Hais, Doug Ross and Morley Winograd make a thought-provoking, non-partisan case to rebuild Americans' faith in democracy. Coined as "Constitutional Localism" they suggest moving as much decision-making as possible out of Washington into local communities, while preserving the individual and civil rights granted by the Constitution. EDITORIAL REVIEWS "Messrs Hais, Ross, and Winograd have stumbled upon a simple yet brilliant idea for how to fix American democracy: empower localities to create their own political and civic solutions while using the Constitution as the bedrock for civil rights. From Kalamazoo to Denver, and Knoxville to New Orleans, they provide stories about local success, places where leaders have responded to their constituents' needs in a way the federal government never could and rebuilt civic trust in the process. The authors' optimism and creativity have been sorely needed and should be welcomed by those on both the left and the right. On one thing all Americans should be able to agree - we need new solutions and this book offers many that are worthy." Michael Smerconish, SiriusXM, CNN, and Sunday Philadelphia Inquirer. "Here's a brilliant, alternative solution to our national woes. The notion of bringing power back to communities represents the potential upside in an information age that, to date, has driven greater centralization, economic concentration and horrendous levels of polarization. This should be a foundational text, not to any one political perspective, but to the entire polity." Joel Kotkin, Presidential Fellow in Urban Futures, Chapman University and Executive Director, Center for Opportunity Urbanism "Tip O'Neill said 'All politics is local.' As Mike Hais, Doug Ross, and Morley Winograd explore in this valuable work, while Washington is riven by polarization, some of the most innovative and important policies are flowing from local communities today." David Axelrod, Founder and Director of the University of Chicago Institute of Politics MORE ABOUT THE AUTHORS (insert pictures from all three authors as on this page https://www.amazon.com/Millennial-Majority-Coalition-Remaking-American/dp/1517063582/ref=sr_1_4?ie=UTF8&qid=1522345245&sr=8-4&keywords=morley+winograd )

Brookings Big Ideas for America

Brookings Big Ideas for America PDF Author: Michael E. O'Hanlon
Publisher: Rowman & Littlefield
ISBN: 0815731310
Category : Political Science
Languages : en
Pages : 416

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Book Description
As a new administration takes office, what are the biggest issues facing the country? The Brookings Institution offers answers to that question in this volume, which continues the Brookings tradition of providing each incoming administration with a nonpartisan analysis of the major domestic and foreign questions confronting America. On the domestic front, Brookings scholars tackle topics ranging from health care and improving economic opportunity to criminal justice reform, lawful hacking, and improving infrastructure. The alliance system, the relationship with China, nuclear weapons, terrorism, and the ongoing conflicts in Afghanistan and Syria among the foreign policies issues addressed. Throughout, Brookings scholars share their individual ideas on how best to address the agenda that awaits the new administration.

Local Government Law

Local Government Law PDF Author: Gerald E. Frug
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 180

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Book Description


Safeguarding Adults and the Law

Safeguarding Adults and the Law PDF Author: Michael Mandelstam
Publisher: Jessica Kingsley Publishers
ISBN: 1849053006
Category : Social Science
Languages : en
Pages : 676

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Book Description
The protection of vulnerable adults is an increasingly important issue right across health and social care. Safeguarding Vulnerable Adults and the Law, now in its second edition, sets this complex area of work within a comprehensive legal framework and provides extensive guidance for practitioners and students. The book covers Department of Health guidelines, human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, willful neglect, ill treatment, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. It focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. This fully-updated second edition comprehensively reflects recent changes to the law, and includes many new case studies. This book will be an invaluable resource for all those working in community care, adult social work, health care and housing. Those working for local authorities, the NHS, voluntary organizations and students will find it to be essential reading.

Public Law

Public Law PDF Author: John Stanton
Publisher:
ISBN: 0198852274
Category :
Languages : en
Pages : 788

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Book Description
Fresh, modern, and practical, Public Law provides law undergraduates with a unique approach to constitutional and administrative law, aptly demonstrating why this is an exciting time to be studying the subject.Writing in a fluid, succinct style, the authors carve a logical pathway through the key areas studied on the LLB, guiding students to a solid understanding of the fundamental principles. This theoretical grounding is then rooted in reality, with each concept applied to a hypothetical scenario(included at the start of each chapter) to set it into a practical context.While this practical element helps students to understand how the law applies and develop problem-solving skills, a trio of supportive learning features also encourages active engagement with and a critical appreciation of public law. 'Key case' boxes highlight and analyse the significant case lawin each area; "Counterpoint" boxes flag alternative viewpoints and areas of debate; and "Pause for reflection" boxes prompt readers to consider the impact of laws, and what potential developments and reforms may lie ahead.Public Law's modern approach and unique combination of practical application and theoretically critical discussion makes it the ideal choice for students seeking to understand concepts not only in the abstract but in practice, helping them to develop the skills they need to succeed at university andbeyond.Online ResourcesThis title is supported by an online resources platform for students featuring guidance on approaching and analysing the real life scenarios in the book, a bank of multiple choice questions, legal updates, and links to useful material elsewhere on the web.

The Triangular Constitution

The Triangular Constitution PDF Author: Tom Flynn
Publisher: Bloomsbury Publishing
ISBN: 1509916180
Category : Law
Languages : en
Pages : 282

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Book Description
This book offers a new account of modern European constitutionalism. It uses the Irish constitutional order to demonstrate that, right across the European Union, the national constitution can no longer be understood on its own, in isolation from the EU legal order or from the European Convention on Human Rights. The constitution is instead triangular, with these three legal orders forming the points of a triangle, and the relationship and interactions between them forming the triangle's sides. It takes as its starting point the theory of constitutional pluralism, which suggests that overlapping constitutional orders are not necessarily arranged 'on top of' each other, but that they may be arranged heterarchically or flatly, without a hierarchy of superior and subordinate constitutions. However, it departs from conventional accounts of this theory by emphasising that we must still pay close attention to jurisdictional specificity in order to understand the norms that regulate pluralist constitutions. It shows, through application of the theory to case studies, that any attempt to extract universal principles from the jurisdictionally contingent interactions between specific legal orders is fraught with difficulty. The book is an important contribution to constitutional theory in general, and constitutional pluralism in particular, and will be of great interest to scholars in the field.

Redefining Urban and Suburban America

Redefining Urban and Suburban America PDF Author: Bruce Katz
Publisher: Brookings Institution Press
ISBN: 9780815748588
Category : Political Science
Languages : en
Pages : 326

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Book Description
The early returns from Census 2000 data show that the United States continued to undergo dynamic changes in the 1990s, with cities and suburbs providing the locus of most of the volatility. Metropolitan areas are growing more diverse—especially with the influx of new immigrants—the population is aging, and the make-up of households is shifting. Singles and empty-nesters now surpass families with children in many suburbs. The contributors to this book review data on population, race and ethnicity, and household composition, provided by the Census's "short form," and attempt to respond to three simple queries: —Are cities coming back? —Are all suburbs growing? —Are cities and suburbs becoming more alike? Regional trends muddy the picture. Communities in the Northeast and Midwest are generally growing slowly, while those in the South and West are experiencing explosive growth ("Warm, dry places grew. Cold, wet places declined," note two authors). Some cities are robust, others are distressed. Some suburbs are bedroom communities, others are hot employment centers, while still others are deteriorating. And while some cities' cores may have been intensely developed, including those in the Northeast and Midwest, and seen population increases, the areas surrounding the cores may have declined significantly. Trends in population confirm an increasingly diverse population in both metropolitan and suburban areas with the influx of Hispanic and Asian immigrants and with majority populations of central cities for the first time being made up of minority groups. Census 2000 also reveals that the overall level of black-to-nonblack segregation has reached its lowest point since 1920, although high segregation remains in many areas. Redefining Urban and Suburban America explores these demographic trends and their complexities, along with their implications for the policies and politics shaping metropolitan America. The shifts discussed here have significant influence

The Constitutional Rights of Children

The Constitutional Rights of Children PDF Author: David S. Tanenhaus
Publisher: University Press of Kansas
ISBN: 0700625046
Category : Law
Languages : en
Pages : 192

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Book Description
This new edition upon the 50th anniversary of In re Gault includes expanded coverage of the Roberts Court’s juvenile justice decisions including Miller v. Alabama; explains how disregard for children’s constitutional rights led to the “Kids for Cash” scandal in Pennsylvania; new legal developments in the Gault case; and, updates the bibliography and chronology. When fifteen-year-old Gerald Gault of Globe, Arizona, allegedly made an obscene phone call to a neighbor, he was arrested by the local police, tried in a proceeding that did not require his accuser’s testimony, and sentenced to six years in a juvenile “boot camp”—for an offense that would have cost an adult only two months. Even in a nation fed up with juvenile delinquency, that sentence seemed excessive and inspired a spirited defense on Gault’s behalf. Led by Norman Dorsen, the ACLU ultimately took Gault’s case to the Supreme Court and in 1967 won a landmark decision authored by Justice Abe Fortas. Widely celebrated as the most important children’s rights case of the twentieth century, In re Gault affirmed that children have some of the same rights as adults and formally incorporated the Fourteenth Amendment’s due process protections into the administration of the nation’s juvenile courts.