Law Localism And The Constitution

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Law, Localism, and the Constitution

Author : John Stanton
Publisher : Taylor & Francis
ISBN 13 : 0429760299
Total Pages : 208 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Law, Localism, and the Constitution by : John Stanton

Download or read book Law, Localism, and the Constitution written by John Stanton and published by Taylor & Francis. This book was released on 2023-03-24 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constituent Power and the Law

Author : Joel I. Colon-Rios
Publisher :
ISBN 13 : 0198785984
Total Pages : 353 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Constituent Power and the Law by : Joel I. Colon-Rios

Download or read book Constituent Power and the Law written by Joel I. Colon-Rios and published by . This book was released on 2020 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between constituent power and the law, and the place of the former in constitutional history, drawing from constitutional theory beyond the Anglo-American sphere, with new material made available for the first time to English readers.

City, State

Author : Ran Hirschl
Publisher : Oxford University Press, USA
ISBN 13 : 019092277X
Total Pages : 273 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis City, State by : Ran Hirschl

Download or read book City, State written by Ran Hirschl and published by Oxford University Press, USA. This book was released on 2020 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: "More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--

The Triangular Constitution

Author : Tom Flynn
Publisher : Bloomsbury Publishing
ISBN 13 : 1509916180
Total Pages : 282 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Triangular Constitution by : Tom Flynn

Download or read book The Triangular Constitution written by Tom Flynn and published by Bloomsbury Publishing. This book was released on 2019-05-16 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Political Parties and Constitutional Government

Author : Sidney M. Milkis
Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Political Parties and Constitutional Government by : Sidney M. Milkis

Download or read book Political Parties and Constitutional Government written by Sidney M. Milkis and published by . This book was released on 1999-09-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution makes no mention of political parties, yet parties began to form shortly after its ratification. Today, American democracy would not work without them. In Political Parties and Constitutional Government, Sidney Milkis explores the uneasy relationship between the Constitution and the party system to advance a novel argument: political parties arose as part of a deliberate program of constitutional reform. Forged on the anvil of Jeffersonian and Jacksonian democracy, parties initially formed as decentralized political associations that engaged the attention of ordinary citizens and held presidents accountable to local constituencies. But as the power of the presidency and the federal government grew, parties shifted their attention from building political support in the states and localities to vying for control over national administration and, in the process, lost their vital connection to the electorate. In the past thirty years, partisan disputes have more often than not involved confrontations between the president and Congress that have undermined the public's respect for American political institutions. With the decline of localized parties, Milkis concludes, there has arisen an administrative politics of rights and entitlements that belittles the efforts of Democrats and Republicans alike to define a collective purpose. Ending with a discussion of possible methods of revitalization and reform, this timely book does much to explain the reasons behind Americans' disenchantment with parties and the party system.

Devolution and Localism in England

Author : Professor David M Smith
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472430816
Total Pages : 134 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis Devolution and Localism in England by : Professor David M Smith

Download or read book Devolution and Localism in England written by Professor David M Smith and published by Ashgate Publishing, Ltd.. This book was released on 2014-08-28 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining historical and policy study with empirical research from a qualitative study of regional elites this book offers an original and timely insight into the progress of devolution of governance in England. With particular interest in how governments have tried and continue to engage English people in sub-national democratic processes while dealing with the realities of governance it uses in-depth interviews with key figures from three English regions to get the ‘inside view’ of how these processes are seen by the regional and local political, administrative, business and voluntary sector elites who have to make policies work in practice. Tracing the development of decentralisation policies through regional policies up to and including the general election in 2010 and the radical shift away from regionalism to localism by the new Coalition Government thereafter the authors look in detail at some of the key policies of the incumbent Coalition Government such as City Regions and Localism and their implementation. Finally they consider the implications of the existing situation and speculate on possible issues for the future.

The Constitutional Rights of Children

Author : David S. Tanenhaus
Publisher : University Press of Kansas
ISBN 13 : 0700625046
Total Pages : 192 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The Constitutional Rights of Children by : David S. Tanenhaus

Download or read book The Constitutional Rights of Children written by David S. Tanenhaus and published by University Press of Kansas. This book was released on 2017-11-04 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Healing American Democracy

Author : Mike Hais
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781985888401
Total Pages : 88 pages
Book Rating : 4.8/5 (884 download)

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Book Synopsis Healing American Democracy by : Mike Hais

Download or read book Healing American Democracy written by Mike Hais and published by Createspace Independent Publishing Platform. This book was released on 2018-03-22 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 )

The Coalition and the Constitution

Author : Vernon Bogdanor
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316409
Total Pages : 162 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Coalition and the Constitution by : Vernon Bogdanor

Download or read book The Coalition and the Constitution written by Vernon Bogdanor and published by Bloomsbury Publishing. This book was released on 2011-03-25 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: `England', Benjamin Disraeli famously said, `does not love coalitions'. But 2010 saw the first peace-time coalition in Britain since the 1930s. The coalition, moreover, may well not be an aberration. For there are signs that, with the rise in strength of third parties, hung parliaments are more likely to recur than in the past. Perhaps, therefore, the era of single-party majority government, to which we have become accustomed since 1945, is coming to an end. But is the British constitution equipped to deal with coalition? Are alterations in the procedures of parliament or government needed to cope with it? The inter-party agreement between the coalition partners proposes a wide ranging series of constitutional reforms, the most important of which are fixed-term parliaments and a referendum on the alternative vote electoral system, to be held in May 2011. The coalition is also proposing measures to reduce the size of the House of Commons, to directly elect the House of Lords and to strengthen localism. These reforms, if implemented, could permanently alter the way we are governed. This book analyses the significance of coalition government for Britain and of the momentous constitutional reforms which the coalition is proposing. In doing so it seeks to penetrate the cloud of polemic and partisanship to provide an objective analysis for the informed citizen.

Public Law

Author : John Stanton
Publisher :
ISBN 13 : 0198852274
Total Pages : 788 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Public Law by : John Stanton

Download or read book Public Law written by John Stanton and published by . This book was released on 2020-05-14 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Lost Promise of Civil Rights

Author : Risa L. Goluboff
Publisher : Harvard University Press
ISBN 13 : 0674034694
Total Pages : 385 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Lost Promise of Civil Rights by : Risa L. Goluboff

Download or read book The Lost Promise of Civil Rights written by Risa L. Goluboff and published by Harvard University Press. This book was released on 2009-01-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Listen to a short interview with Risa Goluboff Host: Chris Gondek | Producer: Heron & Crane In this groundbreaking book, Risa L. Goluboff offers a provocative new account of the history of American civil rights law. The Supreme Court's decision in Brown v. Board of Education has long dominated that history. Since 1954, generations of judges, lawyers, and ordinary people have viewed civil rights as a project of breaking down formal legal barriers to integration, especially in the context of public education. Goluboff recovers a world before Brown, a world in which civil rights was legally, conceptually, and constitutionally up for grabs. Then, the petitions of black agricultural workers in the American South and industrial workers across the nation called for a civil rights law that would redress economic as well as legal inequalities. Lawyers in the new Civil Rights Section of the Department of Justice and in the NAACP took the workers' cases and viewed them as crucial to attacking Jim Crow. By the time NAACP lawyers set out on the path to Brown, however, they had eliminated workers' economic concerns from their litigation agenda. When the lawyers succeeded in Brown, they simultaneously marginalized the host of other harms--economic inequality chief among them--that afflicted the majority of African Americans during the mid-twentieth century. By uncovering the lost challenges workers and their lawyers launched against Jim Crow in the 1940s, Goluboff shows how Brown only partially fulfilled the promise of civil rights.

The Civic Constitution

Author : Elizabeth Beaumont
Publisher : Oxford University Press
ISBN 13 : 0199940061
Total Pages : 361 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis The Civic Constitution by : Elizabeth Beaumont

Download or read book The Civic Constitution written by Elizabeth Beaumont and published by Oxford University Press. This book was released on 2014 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Civic Constitution provides a compelling case for rethinking the U.S. Constitution. By exploring pivotal struggles over governmental power, individual rights, and the boundaries of citizenship, this book challenges reigning approaches and reveals the profound importance of 'civic founders' who worked to reinvent the constitutional order.

Local Government Law

Author : Gerald E. Frug
Publisher :
ISBN 13 :
Total Pages : 180 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Local Government Law by : Gerald E. Frug

Download or read book Local Government Law written by Gerald E. Frug and published by . This book was released on 1994 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Safeguarding Adults and the Law

Author : Michael Mandelstam
Publisher : Jessica Kingsley Publishers
ISBN 13 : 1849053006
Total Pages : 676 pages
Book Rating : 4.8/5 (49 download)

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Book Synopsis Safeguarding Adults and the Law by : Michael Mandelstam

Download or read book Safeguarding Adults and the Law written by Michael Mandelstam and published by Jessica Kingsley Publishers. This book was released on 2013 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Exit, Voice, and Loyalty

Author : Albert O. Hirschman
Publisher : Harvard University Press
ISBN 13 : 067425449X
Total Pages : 180 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Exit, Voice, and Loyalty by : Albert O. Hirschman

Download or read book Exit, Voice, and Loyalty written by Albert O. Hirschman and published by Harvard University Press. This book was released on 1972-02-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovator in contemporary thought on economic and political development looks here at decline rather than growth. Albert O. Hirschman makes a basic distinction between alternative ways of reacting to deterioration in business firms and, in general, to dissatisfaction with organizations: one, “exit,” is for the member to quit the organization or for the customer to switch to the competing product, and the other, “voice,” is for members or customers to agitate and exert influence for change “from within.” The efficiency of the competitive mechanism, with its total reliance on exit, is questioned for certain important situations. As exit often undercuts voice while being unable to counteract decline, loyalty is seen in the function of retarding exit and of permitting voice to play its proper role. The interplay of the three concepts turns out to illuminate a wide range of economic, social, and political phenomena. As the author states in the preface, “having found my own unifying way of looking at issues as diverse as competition and the two-party system, divorce and the American character, black power and the failure of ‘unhappy’ top officials to resign over Vietnam, I decided to let myself go a little.”

Locating Localism

Author : Jane Wills
Publisher : Policy Press
ISBN 13 : 1447323033
Total Pages : 264 pages
Book Rating : 4.4/5 (473 download)

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Book Synopsis Locating Localism by : Jane Wills

Download or read book Locating Localism written by Jane Wills and published by Policy Press. This book was released on 2016-07-12 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of many decades of increasing centralization, localism has been making a decided comeback in recent years. This book explores the development of localism as a new mode of statecraft and its implications for the everyday practice of citizenship. Jane Wills highlights the importance of civic infrastructure to effective engagement of citizens in local decision making, looks at the development of community organizing, neighborhood planning, and community councils, and positions this turn to the local in relationship to the longer geopolitical history of the British state.

Constitutional Idolatry and Democracy

Author : Brian Christopher Jones
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971108
Total Pages : 224 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Constitutional Idolatry and Democracy by : Brian Christopher Jones

Download or read book Constitutional Idolatry and Democracy written by Brian Christopher Jones and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.