Author: Sony Pellissery
Publisher: Taylor & Francis
ISBN: 1000692086
Category : Political Science
Languages : en
Pages : 229
Book Description
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.
Transformative Law and Public Policy
Author: Sony Pellissery
Publisher: Taylor & Francis
ISBN: 1000692086
Category : Political Science
Languages : en
Pages : 229
Book Description
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.
Publisher: Taylor & Francis
ISBN: 1000692086
Category : Political Science
Languages : en
Pages : 229
Book Description
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.
The Law of Political Economy
Author: Poul F. Kjaer
Publisher: Cambridge University Press
ISBN: 1108493114
Category : Law
Languages : en
Pages : 423
Book Description
"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"--
Publisher: Cambridge University Press
ISBN: 1108493114
Category : Law
Languages : en
Pages : 423
Book Description
"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"--
First to the Party
Author: Christopher Baylor
Publisher: University of Pennsylvania Press
ISBN: 0812249631
Category : History
Languages : en
Pages : 336
Book Description
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.
Publisher: University of Pennsylvania Press
ISBN: 0812249631
Category : History
Languages : en
Pages : 336
Book Description
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.
Socio-economic Rights
Author: Sandra Liebenberg
Publisher: Juta and Company Ltd
ISBN: 9780702184802
Category : Business & Economics
Languages : en
Pages : 572
Book Description
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.
Publisher: Juta and Company Ltd
ISBN: 9780702184802
Category : Business & Economics
Languages : en
Pages : 572
Book Description
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.
The Transformative Constitution
Author: Gautam Bhatia
Publisher: Harper Collins
ISBN: 9353026857
Category : Law
Languages : en
Pages : 409
Book Description
| Shortlisted for the Tata Literature Live Non-fiction Book of the Year Award and Hindu Prize for Non-fiction | We think of the Indian Constitution as a founding document, embodying a moment of profound transformation from being ruled to becoming a nation of free and equal citizenship. Yet the working of the Constitution over the last seven decades has often failed to fulfil that transformative promise.Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.
Publisher: Harper Collins
ISBN: 9353026857
Category : Law
Languages : en
Pages : 409
Book Description
| Shortlisted for the Tata Literature Live Non-fiction Book of the Year Award and Hindu Prize for Non-fiction | We think of the Indian Constitution as a founding document, embodying a moment of profound transformation from being ruled to becoming a nation of free and equal citizenship. Yet the working of the Constitution over the last seven decades has often failed to fulfil that transformative promise.Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.
Transformative Constitutionalism in Latin America
Author: Armin von Bogdandy
Publisher: Oxford University Press
ISBN: 0192515462
Category : Law
Languages : en
Pages : 465
Book Description
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.
Publisher: Oxford University Press
ISBN: 0192515462
Category : Law
Languages : en
Pages : 465
Book Description
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.
Intellectual Property Law and Human Rights
Author: Paul Torremans
Publisher:
ISBN: 9789041158369
Category : Copyright
Languages : en
Pages : 0
Book Description
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.
Publisher:
ISBN: 9789041158369
Category : Copyright
Languages : en
Pages : 0
Book Description
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.
The Transformation of Governance
Author: Donald F. Kettl
Publisher: JHU Press
ISBN: 1421416360
Category : Political Science
Languages : en
Pages : 239
Book Description
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.
Publisher: JHU Press
ISBN: 1421416360
Category : Political Science
Languages : en
Pages : 239
Book Description
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.
From Transitional to Transformative Justice
Author: Paul Gready
Publisher: Cambridge University Press
ISBN: 1108668577
Category : Political Science
Languages : en
Pages : 345
Book Description
Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.
Publisher: Cambridge University Press
ISBN: 1108668577
Category : Political Science
Languages : en
Pages : 345
Book Description
Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.
Rights at Work
Author: Michael W. McCann
Publisher: University of Chicago Press
ISBN: 9780226555713
Category : Business & Economics
Languages : en
Pages : 704
Book Description
McCann explains how wage discrimination battles have raised public legal consciousness and helped reform activists mobilize working women in the pay equity movement over the past two decades. Rights at Work explores the political strategies in more than a dozen pay equity struggles since the late 1970s, including battles of state employees in Washington and Connecticut, as well as city employees in San Jose and Los Angeles. Relying on interviews with over 140 union and feminist activists, McCann shows that, even when the courts failed to correct wage discrimination, litigation and other forms of legal advocacy provided reformers with the legal discourse--the understanding of legal rights and their constraints--for defining and advancing their cause.
Publisher: University of Chicago Press
ISBN: 9780226555713
Category : Business & Economics
Languages : en
Pages : 704
Book Description
McCann explains how wage discrimination battles have raised public legal consciousness and helped reform activists mobilize working women in the pay equity movement over the past two decades. Rights at Work explores the political strategies in more than a dozen pay equity struggles since the late 1970s, including battles of state employees in Washington and Connecticut, as well as city employees in San Jose and Los Angeles. Relying on interviews with over 140 union and feminist activists, McCann shows that, even when the courts failed to correct wage discrimination, litigation and other forms of legal advocacy provided reformers with the legal discourse--the understanding of legal rights and their constraints--for defining and advancing their cause.