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 : 67. 30 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 : 89. 47 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 : 74. 92 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

The Public Private Nature Of Charity Law

Author : Kathryn Chan
ISBN : 9781782258506
Genre : Law
File Size : 38. 12 MB
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Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University

New Perspectives On The Public Private Divide

Author : Law Commission of Canada
ISBN : 0774810432
Genre : Education
File Size : 40. 60 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.

The Constitutional Foundations Of Judicial Review

Author : Mark Elliott
ISBN : 9781847310514
Genre : Law
File Size : 69. 22 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 analyses the foundations of judicial review. It subjects the traditional justification, based on the doctrine of ultra vires, to criticial 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
ISBN : 9041116451
Genre : Law
File Size : 31. 16 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 : 61. 88 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.

The Canadian Journal Of Law And Jurisprudence

Author :
ISBN : UCAL:B5129239
Genre : Law
File Size : 83. 36 MB
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Political Theory

Author : SUSHILA RAMASWAMY
ISBN : 9788120350489
Genre : Political Science
File Size : 67. 67 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.

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