Making and Changing Law in Small Jurisdictions
Author | : Caroline Morris |
Publisher | : Springer Nature |
Total Pages | : 200 |
Release | : |
Genre | : |
ISBN | : 3031469437 |
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Author | : Caroline Morris |
Publisher | : Springer Nature |
Total Pages | : 200 |
Release | : |
Genre | : |
ISBN | : 3031469437 |
Author | : Caroline Morris |
Publisher | : Springer |
Total Pages | : 0 |
Release | : 2024-03-22 |
Genre | : Law |
ISBN | : 9783031469428 |
This book puts the spotlight on a different and neglected aspect of law drafting and reform: the question of size. Specifically, how does the size of a jurisdiction affect its ability to make and change its laws? Some of the challenges affecting small jurisdictions include: a lack of resources and paucity of policy/drafting capacity; the pressures and pull from sources outside the jurisdiction (e.g. international bodies or NGOs; larger states; treaty commitments); a vulnerability to domestic capture (e.g. criminal elements, big local businesses, strong domestic lobby groups); weak/bad governance (e.g. laws or institutions which themselves do not encourage or promote good governance, reflection and reform); the legacy of colonial legal systems and their interaction with indigenous or customary laws; and struggles to comply with constitutional norms such as accountability and transparency. Despite these difficulties small jurisdictions also have certain advantages when it comes to making and reforming law: they can be flexible and creative; they can legislate very quickly if the political will is there; and there is strong informal/formal accountability in a small jurisdiction. This edited collection explores law reform and law drafting in small jurisdictions through the themes of sovereignty; the impact of colonialism and legal plurality; the challenges of harmonising laws at regional and international levels; and constitutional reform. Of use to researchers and practitioners alike.
Author | : John V. Sullivan |
Publisher | : |
Total Pages | : 72 |
Release | : 2007 |
Genre | : Government publications |
ISBN | : |
Author | : Petra Butler |
Publisher | : Springer |
Total Pages | : 264 |
Release | : 2018-07-17 |
Genre | : Law |
ISBN | : 9783319818771 |
This book is a unique collection of high quality articles analysing legal issues with particular regard to small states. The small states of the world differ considerably in their geography, history, political structures, legal systems and wealth. Nevertheless, because of their size, small states face a set of common challenges including vulnerability to external economic impacts such as changing trade regimes and limited ability to diversify economic activity; limited public and private sector capacity, including the legal and judicial infrastructure; a need for regional co-operation; a vulnerability to environmental changes as well as a limited ability to engage with supranational bodies and the forces of globalisation. This is the first volume of an exciting and unique new series, The World of Small States. In this work, legal experts from small jurisdictions and those with a particular interest in legal issues facing small states explore inter alia ethics in small jurisdictions, legal education and the profession in small states, the challenges facing small states with mixed legal systems, the constitutional arrangements in small states, small states as tax havens, and intellectual property and competition law issues.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : United States. Congress |
Publisher | : |
Total Pages | : 1380 |
Release | : 1971 |
Genre | : Law |
ISBN | : |
The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)
Author | : United States |
Publisher | : |
Total Pages | : 1506 |
Release | : 2013 |
Genre | : Law |
ISBN | : |
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author | : |
Publisher | : |
Total Pages | : 300 |
Release | : 2006 |
Genre | : Annotations and citations (Law) |
ISBN | : |
"Formerly known as the International Citation Manual"--p. xv.
Author | : Anne-Marie Brady |
Publisher | : Springer Nature |
Total Pages | : 226 |
Release | : 2020-11-23 |
Genre | : Law |
ISBN | : 303051529X |
This book examines the security, defence and foreign policy choices and challenges of small states in NATO and its small partner states in the new security environment. The main aim of the book is to analyse how these states are dealing with current and emerging security challenges and how they might better prepare for these challenges. A special focus is on ‘new’ security threats and solutions, such as drones and hybrid warfare. Simultaneously, the book focusses on how small states are responding to emerging ‘old threats’, such as Russian aggression in its neighbouring states and increased activity in the North Atlantic. The book makes an attempt to answer questions like: How are the small states of NATO and its small partner states adjusting to the new geo-political and geo-economic environment? Do small states in NATO manage the tension between alliance commitments differently from small states that are not members of NATO? What are the core strategic interests of the NATO and non-NATO partner small states? The book is about the external dimension of inherent size-related difficulties in states and how small states compensate for their inbuilt structural weaknesses compared with their larger neighbouring states. One third of the member states of NATO are small and most NATO partner states are small states too. Small states frequently have a disproportionate effect on global politics and they are more often affected by global shifts of power, yet they have less resources available to address security challenges. The aim of the book is to enhance the understanding of the role of small states in the changing global international security environment. The book presents the theory of shelter (which is derived from the diverse and extensive literature on small states) and uses it to examine how small states respond to new and old security threats. Shelter theory addresses three interrelated issues of common concerns to small states: the reduction of risk before a possible crisis event, assistance in absorbing shocks in times of crises, and help in recovering after such an event. In short, shelter theory claims that small states need external shelter in order to survive and prosper. They are dependent on the economic, political, and societal shelter provided by larger states, as well as regional and international organizations.
Author | : Vaughan Lowe |
Publisher | : OUP Oxford |
Total Pages | : 145 |
Release | : 2015-11-26 |
Genre | : Law |
ISBN | : 0191576204 |
Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.