common values and the public private divide law in context

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Common Values And The Public Private Divide

Author : Dawn Oliver
ISBN : 0406983038
Genre : Law
File Size : 79. 47 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
ISBN : 9780199279425
Genre : Law
File Size : 47. 37 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
ISBN : 9780199683130
Genre : Law
File Size : 55. 94 MB
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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
ISBN : 0774810432
Genre : Education
File Size : 30. 85 MB
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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.

Public Rights Private Relations

Author : Jean Thomas
ISBN : 9780191665585
Genre : Law
File Size : 72. 44 MB
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The abuse of workers in export processing zones in developing countries, the undignified treatment of elderly people in care homes, and the dangers for internet users' privacy arising from private companies' control of their data are prominent examples of how our most fundamental interests are increasingly jeopardized by powerful private actors. Jean Thomas argues that, while these interests are protected by human and constitutional rights in relation to the state, no similar protections exist in relations among private actors. To address this problem, she develops a theoretical framework for the application of human and constitutional rights among private actors. The author proposes a theory of private liability for public rights violations that allows us to answer the question: who should bear the duties associated with human and constitutional rights in the private sphere? And what do private actors owe one another in respect of the interests protected by these rights? In advancing a model of rights that makes the application of public rights among private actors morally plausible and institutionally feasible, the book also illuminates the broader conceptual question of what rights are.

Liability And Environment

Author : Lucas Bergkamp
ISBN : 9041116451
Genre : Law
File Size : 59. 77 MB
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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
ISBN : IND:30000122184173
Genre : Law
File Size : 68. 37 MB
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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.

Justice Legality And The Rule Of Law

Author : Dawn Oliver
ISBN : 9780199568666
Genre : Law
File Size : 40. 13 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?

The Province Of Administrative Law

Author : Michael Taggart
ISBN : 9781901362015
Genre : Law
File Size : 53. 94 MB
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Religious Freedom Religious Discrimination And The Workplace

Author : Lucy Vickers
ISBN : UOM:39015073607395
Genre : Law
File Size : 77. 92 MB
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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.

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