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Conflicting Laws Overlapping Claims
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Book Synopsis Resolving Conflicts of Laws by : Mark James Leeming
Download or read book Resolving Conflicts of Laws written by Mark James Leeming and published by . This book was released on 2011 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resolving Conflicts of Laws was cited 6 times by the High Court in Momcilovic v The Queen (2011) 2451 CLR 1; [2011] HCA 34. It has also been cited in the Same-Sex Marriage Case (Commonwealth of Australia v Australian Capital Territory) (2013) 250 CLR 441; [2013] HCA 55 at [61], in Plaintiff M47-2012 v Director General of Security (2012) 251 CLR 1; [2012] HCA 46 at [54] and [136], in Sportsbet Pty Ltd v New South Wales (2012) 249 CLR 298; [2012] HCA 13 at [10], in CFMEU v Director of the Fair Work Building Industry Inspectorate (No 2) (2013) 209 FCR 464; [2013] FCAFC 25 at [61]; in Wreck Bay Aboriginal Community Council v Williams [2017] ACTCA 46 at [45] and [47] and in a large number of other appellate and first instance decisions. An important feature in all legal systems, but especially in federations whose polities have overlapping legislative powers, is that those laws regularly conflict - or at least are claimed to conflict. Any coherent legal system must have principles for resolving such conflicts. Those principles are of immense practical as well as theoretical importance. This book, which straddles constitutional law and statutory interpretation, describes and analyses those principles.This book does not merely address the conflicts between Commonwealth and State laws resolved by the Constitution (although it does that and in detail). It analyses the resolution of all of the conflicts of laws that occur in the Australian legal system: conflicts between laws enacted by the same Parliament and indeed within the same statute, conflicts between Commonwealth, State, Territory, Imperial laws and delegated legislation.After identifying the laws in force in Australia, the chapters deal with:conflicts in laws made by the same legislature, focussing on the interpretative process of statutory construction;repugnancy, a doctrine with continuing vitality in the areas of s79 of the Judiciary Act, delegated legislation and Territory laws;conflicts between laws of the Commonwealth and State laws, proposing that the categories of inconsistency (commonly three: direct, indirect and "covering the field") are best seen aspects of a single constitutional concept;conflicts between the laws of two States, andconflicts involving the laws of the self-governing Territories
Book Synopsis Conflicting Laws, Overlapping Claims by : Aida T. Vidal
Download or read book Conflicting Laws, Overlapping Claims written by Aida T. Vidal and published by . This book was released on 2004 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Dynamic Free Speech Clause by : Timothy Zick
Download or read book The Dynamic Free Speech Clause written by Timothy Zick and published by Oxford University Press. This book was released on 2018-08-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to free speech intersects with many other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights, ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. This book examines the relations between the U.S. Constitution's Free Speech Clause and other constitutional rights. Free speech principles and doctrines have brought about constitutional rights including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has often dominated rights discourse and has subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. While examining the dynamics that have brought free speech and other rights together, the book assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also tame its propensity to subordinate, supplant, and eclipse other constitutional rights.
Book Synopsis Copyright and Information Privacy by : Federica Giovanella
Download or read book Copyright and Information Privacy written by Federica Giovanella and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
Book Synopsis Politics, Policy, and Organizations by : George A. Krause
Download or read book Politics, Policy, and Organizations written by George A. Krause and published by University of Michigan Press. This book was released on 2009-12-14 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking work provides a new and more accurate guide to the interactions of bureaucracies with other political institutions and the public at large."--Jacket.
Book Synopsis Irresolvable Norm Conflicts in International Law by : Valentin Jeutner
Download or read book Irresolvable Norm Conflicts in International Law written by Valentin Jeutner and published by Oxford University Press. This book was released on 2017 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on doctoral thesis, University of Cambridge, 2015. --Page vii.
Book Synopsis Strategically Created Treaty Conflicts and the Politics of International Law by : Surabhi Ranganathan
Download or read book Strategically Created Treaty Conflicts and the Politics of International Law written by Surabhi Ranganathan and published by Cambridge University Press. This book was released on 2014-12-18 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: A richly textured account of the making, implementing, and changing of international legal regimes, which encompasses law, politics and economics.
Book Synopsis Words of Conflict, Words of War by : Fathali M. Moghaddam
Download or read book Words of Conflict, Words of War written by Fathali M. Moghaddam and published by Bloomsbury Publishing USA. This book was released on 2010-05-05 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly insightful and cohesive group of studies reveals the power of political narratives to create conflict and peace. Words of Conflict, Words of War: How the Language We Use in Political Processes Sparks Fighting is a fascinating exploration of the narratives leaders use to position both themselves and others in the course of political processes that lead to peace or conflict. Drawing on the relatively new field of "positioning theory," expert essays provide insights into the ways words position us—for better or worse—and influence our intended results. The focus on narratives, from the interpersonal to the international, leads to a better understanding of political processes and conflict resolution. Part one of the study deals with micropolitics and personal positioning. Part two explores positioning by political parties and factions. Links between micro and macro are illustrated by leadership studies of individuals such as President Barak Obama, President Mahmoud Ahmadinejad, President George W. Bush, Governor Sarah Palin, and the Reverend Ian Paisley. The focus throughout is on how a leader can use language to redirect collective politics in support of conflict or of peace.
Book Synopsis Territorial Conflicts in World Society by : Stephen Stetter
Download or read book Territorial Conflicts in World Society written by Stephen Stetter and published by Routledge. This book was released on 2007-04-04 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: By bringing into dialogue modern systems theory and international relations, this text provides theoretically innovative and empirically rich perspectives on conflicts in world society. This collection contrasts Niklas Luhmann’s theory of world society in modern systems theory with more classical approaches to the study of conflicts, offering a fresh perspective on territorial conflicts in international relations. It includes chapters on key issues such as: conflicts and human rights conflicts in the Middle East and sub-Saharan Africa war and violence Greek-Turkish relations conflict theory the role of states in world societal conflicts legal territorial disputes in Australia hegemony and conflict in global law conflict management after 9/11. While all contributions draw from the theory of world society in modern systems theory, the authors offer rich multi-disciplinary perspectives which bring in concepts from international relations, peace and conflict studies, sociology, law and philosophy. Territorial Conflicts in World Society will appeal to international relations specialists, peace and conflict researchers and sociologists.
Book Synopsis Intellectual Property Stories by : Jane C. Ginsburg
Download or read book Intellectual Property Stories written by Jane C. Ginsburg and published by . This book was released on 2006 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings famous cases to life by telling the true, never-heard-before stories behind landmark Intellectual Property cases. It is organized into six chapters, each drawing on cases in patents, copyrights, trademarks, or unfair competition, to illustrate the problems encountered in intellectual property law. The works, inventions, and marks at issue in these cases vary widely.
Book Synopsis The Supreme Court Review, 2015 by : Dennis J. Hutchinson
Download or read book The Supreme Court Review, 2015 written by Dennis J. Hutchinson and published by University of Chicago Press. This book was released on 2016-06-22 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than fifty years, The Supreme Court Review has won acclaim for providing a sustained and authoritative survey of the implications of the Court's most significant decisions. The Supreme Court Review is an in-depth annual critique of the Supreme Court and its work, keeping up on the forefront of the origins, reforms, and interpretations of American law. It is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists.
Book Synopsis Ethnic Boundary-Making at the Margins of Conflict in The Philippines by : Anabelle Ragsag
Download or read book Ethnic Boundary-Making at the Margins of Conflict in The Philippines written by Anabelle Ragsag and published by Springer Nature. This book was released on 2020-01-03 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes a significant interdisciplinary contribution to existing scholarship on ethnicity, conflict, nation-making, colonial history and religious minorities in the Philippines, which has been confronted with innumerable issues relating to their ethnic and religious minority populations. Using Sarangani Bay as a research site, the book zones in on the lives of the Muslim Sinamas and the Christianized indigenous B'laans as they navigate the effects of the ongoing turmoil in the Bangsamoro region in Muslim Mindanao—a multi-faceted conflict involving numerous armed groups, as well as clans, criminal gangs and political elites. This work considers the factors affecting the Muslim Moro people, who have long been struggling for their right to self-determination. The conflict in the Moro areas has evolved over the past five decades from an ethnonationalist struggle between an aggrieved minority and a thorny issue for the central government: a highly fragmented conflict with multiple overlapping causes of violence. The book provides a framework for understanding the ethnic separatism in the case of the southern part of the country, framed by the concept of ethnic boundaries. Providing an excellent blend of theory and empirical evidence, the author confronts how ethno-religious divisions adversely impact the quality of life and unpacks how these divisions challenge multiculturalist policies. Weaving together multiple branches of the social sciences, this book is of interest to policymakers, researchers and students interested in international relations and political science, Asian studies, ethnic studies, Philippines’ history, sociology and anthropology.
Book Synopsis Conflict in Moro land: Prospects for Peace? (Penerbit USM) by : Arndt Graf
Download or read book Conflict in Moro land: Prospects for Peace? (Penerbit USM) written by Arndt Graf and published by Penerbit USM. This book was released on 2014-11-25 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The civil war in the Islamic Southern Philippines is one of the longest-lasting conflicts in Southeast Asia.This book dates back to a workshop on that conflict at the Department of Political Science of the University of Gottingen, Germany. The particular interest in the Moro conflict in Gottingen is due to the fact that a family from that city was among those tourists who were kidnapped in Sipadan (Malaysia) by the Abu Sayyaf group in spring 2000 and held hostage on the island of Jolo (Sulu) for almost half a year. Although the geographical and cultural backgrounds of most of the contributors to this volume differ from the parties involved in the conflict, the editors hope that this volume offers adequate views, theoretical approaches, and methodologies, which prove helpful in understanding and eventually ameliorating the conditions of the people living in "Moro land".
Book Synopsis Research Handbook on EU Law and Human Rights by : Sionaidh Douglas-Scott
Download or read book Research Handbook on EU Law and Human Rights written by Sionaidh Douglas-Scott and published by Edward Elgar Publishing. This book was released on 2017-07-21 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: The place of human rights in EU law has been a central issue in contemporary debates about the character of the European Union as a political organisation. This comprehensive and timely Handbook explores the principles underlying the development of fundamental rights norms and the way such norms operate in the case law of the Court of Justice. Leading scholars in the field discuss both the effect of rights on substantive areas of EU law and the role of EU institutions in protecting them.
Book Synopsis Conflict of Norms in Public International Law by : Joost Pauwelyn
Download or read book Conflict of Norms in Public International Law written by Joost Pauwelyn and published by Cambridge University Press. This book was released on 2003-07-31 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most prominent and urgent problems in international governance is how the different branches and norms of international law interact and what to do in the event of conflict. With no single 'international legislator' and a multitude of states, international organisations and tribunals making and enforcing the law, the international legal system is decentralised. This leads to a wide variety of international norms, ranging from customary international law and general principles of law, to multilateral and bilateral treaties on trade, the environment, human rights, the law of the sea, etc. Pauwelyn provides a framework on how these different norms interact, focusing on the relationship between the law of the World Trade Organisation (WTO) and other rules of international law. He also examines the hierarchy of norms within the WTO treaty. His recurring theme is how to marry trade and non-trade rules, or economic and non-economic objectives at the international level.
Book Synopsis The Law's Ultimate Frontier: Towards an Ecological Jurisprudence by : Horatia Muir Watt
Download or read book The Law's Ultimate Frontier: Towards an Ecological Jurisprudence written by Horatia Muir Watt and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important book offers an ambitious and interdisciplinary vision of how private international law (or the conflict of laws) might serve as a heuristic for re-working our general understandings of legality in directions that respond to ever-deepening global ecological crises. Unusual in legal scholarship, the author borrows (in bricolage mode) from the work of Bruno Latour, alongside indigenous cosmologies, extinction theories and Levinassian phenomenology, to demonstrate why this field's specific frontier location at the outpost of the law where it is viewed from the outside as obscure and from the inside as a self-contained normative world generates its potential power to transform law generally and globally. Combining pragmatic and pluralist theory with an excavation of 'shadow' ecological dimensions of law, the author, a recognised authority within the field as conventionally understood, offers a truly global view. Put simply, it is a generational magnum opus. All international and transnational lawyers, be they in the private or public field, should read this book.
Book Synopsis Cases and Materials on the Law of the Sea by : Louis B. Sohn
Download or read book Cases and Materials on the Law of the Sea written by Louis B. Sohn and published by BRILL. This book was released on 2021-10-25 with total page 946 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cases and Materials on the Law of the Sea is a thoroughly up-to-date text that will be used both as a classroom course book and as a treatise and reference guide. The text contains engaging teaching materials that systematically introduce law of the sea topics, placing them in the context of important themes about the roles of international law and international legal process. Historical materials of continuing importance appear alongside new materials that address such topics as maritime terrorism and port security, the protection of underwater cultural heritage, marine sanctuaries, deep-sea vent resources, and the operation of the International Tribunal for the Law of the Sea and other new international organizations. Published under the Transnational Publishers imprint.
