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Understanding British and European political issues

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ISBN: 9780719062452 Year: DOI: 10.9760/mupoa/9780719062452 Language: English
Publisher: Manchester University Press
Subject: Political Science
Added to DOAB on : 2011-11-04 00:00:00
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This book looks at the important issues in British politics since 1945, including a brief guide to the changing political culture of Britain in that period. It will be essential reading for all students studying politics at A2 level, as it covers all the important issues required by the main examining boards. Neil McNaughton is a seasoned writer at this level. He begins by reviewing the changing nature of the principal political ideologies - Conservatism, Labourism and Liberalism - before discussing how these ideological changes impact generally on policy developments in the UK. Having described the changing nature of the political culture, addressing partisan dealignment, changing morality, the decline of religion and class fragmentation, he examines, on a chapter by chapter basis, the key issues of British politics today: the economy, the welfare state, law and order, race relations, the particular problems affecting Northern Ireland, devolution, constitutional reform, rights, the environment, issues of gender and sexual orientation, European integration and the European Union, the impact of the European Union on Britain, ending with a brief summary of the issues that are likely to take centre stage in British politics in the first decade of the new century. Written in an accessible style, with helpful features such as summaries, definitions, tables and boxes to illuminate the points made, this book is urgently needed as students grapple with the issues thrown up by the new examinations.

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politics --- constitution --- eu --- europe

The Concept of Constitution in the History of Political Thought

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ISBN: 9783110581928 Year: Pages: 166 DOI: 10.1515/9783110581928 Language: English
Publisher: De Gruyter
Subject: Political Science --- History --- Law
Added to DOAB on : 2018-02-19 12:44:58
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The aim of the present volume is to discuss the notion of constitution from the perspectives of history of political thought. Its scholarly intention is to go beyond the approach concentrating on the formal understanding of constitution and bring forward more complex historical and philosophic-political interpretations. Our point of departure was the need to revive the somehow neglected distinction between the idea of constitution as an act of conscious law-giving activity and the notion of constitution conceived as the set of fundamental political rules derived from the very nature of political regime and its historical development.

African Disability Rights Yearbook Volume 4 2016

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ISSN: 2311-8970 ISBN: 24137138 Year: Pages: 337 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-09 12:11:33
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About the publicationThe African Disability Rights Yearbook addresses disability rights within the foundational structure laid down by the inaugural issue. The structure comprises a tripartite division between: articles; country reports; and shorter commentaries on recent regional and sub-regional developments.The African Disability Rights Yearbook aims to advance disability scholarship. Coming in the wake of the United Nations Convention on the Rights of Persons with Disabilities, it is the first peer-reviewed journal to focus exclusively on disability as human rights on the African continent. It provides an annual forum for scholarly analysis on issues pertaining to the human rights of persons with disabilities.It is also a source for country-based reports as well as commentaries on recent developments in the field of disability rights in the African region.The African Disability Rights Yearbook publishes peer-reviewed contributions dealing with the rights of persons with disabilities and related topics, with specific relevance to Africa, Africans and scholars of Africa.The Yearbook appears annually under the aegis of the Centre for Human Rights, Faculty of Law, University of Pretoria.The Yearbook is an open access online publication, see www.adry.up.ac.zaAbout the editors:Charles Ngwena is Professor, Department of Constitutional Law and Legal Philosophy, Faculty of Law, University of the Free State, South Africa.Ilze Grobbelaar‐du Plessis is a senior lecturer and holds the degrees BIuris LLB LLM LLD from the University of Pretoria.Helene Combrinck is Associate Professor at the Centre for Disability Law and Policy, University of the Western Cape.Serges Djoyou Kamgais is Senior Lecturer at TMALI (UNISA).Table of ContentsStigma as barrier to the implementation of the Convention on the Rights of Persons with Disabilities in AfricaMark MostertRealising the inclusion of youth with disabilities in political and public life in KenyaLucianna ThuoReading ‘disability’ into the non-discrimination clause of the Nigerian ConstitutionNgozi Chuma UmehLegislative mechanisms for combating violence against children with disabilities in selected African jurisdictions: A critical appraisalEnoch ChilembaMy right to know: Developing sexuality education resources for learners with intellectual disability in the Western Cape, South AfricaRebecca JohnsColleen Adnams(Re)thinking sexual access for adolescents with disabilities in South Africa: Balancing rights and protectionPaul ChappellThe development and use of Sign Language in South African schools: The denial of inclusive educationWillene HolnessImplementing article 33 of CRPD: Tanzanian approachAbdallah PossiSECTION B: COUNTRY REPORTSAngolaEduardo KapapeloGabonChristophe TchudjoVictorine Maptue ToguemSenegalAbdoulaye ThiamSeydi Ababacar Sy SowSECTION C: REGIONAL DEVELOPMENTSThe jurisprudence of the committee on the rights of persons with disabilities and its implications for AfricaInnocentia MgijimaThe right to work and employment in Southern Africa: A commentary on how selected employment laws fare against article 27 of the CRPDDianah MsipaBOOK REVIEWDon Kulick & Jens Rydström Loneliness and its opposite: Sex, disability, and the ethics of engagement (2015)Paul Chappell

The implementation of modern African Constitutions: Challenges and prospects

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ISBN: 9781920538651 Year: Pages: 335 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-04-08 15:51:21
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In “The implementation of modern African Constitutions: challenges and prospects”, the authors try to identify obstacles to constitutional implementation in Africa and, on the basis of good practice, assess how this could be overcome. A single volume like this cannot unravel the complexity of the causes and effects of, and solutions to, the problem of non-implementation of constitutions in Africa: the subject is far too intricate. Nevertheless, this study, represents a first attempt to draw attention to the issue, and hopes to open a serious debate about it and pave the way for making this issue an integral consideration in constitution-building in the future. The variety of perspectives provided in analysing the challenges to constitution-implementation in this volume should make it to appeal to academics, practitioners, policy makers and postgraduate research students interested in the intricacies of comparative African constitutional law.

Timor-Leste's Bill of Rights: A Preliminary History

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ISBN: 9781925022384 Year: DOI: 10.26530/OAPEN_569098 Language: English
Publisher: ANU Press
Subject: Law
Added to DOAB on : 2015-07-14 11:01:32
License: ANU Press

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The Constitution of the Democratic Republic of Timor-Leste of 2002 contains over 40 human rights provisions in its Bill of Rights. In addition to providing an overview of the process leading up to the adoption of the Constitution, this book brings together information relating to each section of the Bill of Rights, presenting: progressive texts produced during the process of the Constituent Assembly; highlights of the arguments put forward within the Constituent Assembly concerning the draft provisions, including alternative proposals advanced; submissions made by Timorese officials, civil society and international bodies; and the results of consultation with the broader community before and during the constitutional process. It is designed to be useful in particular to judges and legal practitioners called upon to interpret the Constitution, government officials and civil society actors involved in human rights work, as well as students of history and constitutional law in Timor-Leste and internationally.

Chapter 4. Brothers as Partners (Book chapter)

Book title: Nations and Citizens in Yugoslavia and the Post-Yugoslav States

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ISBN: 9781474221559 Year: Pages: 71-88 DOI: 10.5040/9781474221559.ch-005 Language: English
Publisher: Bloomsbury Academic Grant: H2020 European Research Council - 230239
Subject: Political Science --- Social Sciences
Added to DOAB on : 2018-01-31 11:01:54
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Between 1967 and 1974 Yugoslavia entered a period of intensive constitutional changes that started with a series of amendments to the 1963 Constitution and ended with the adoption of a new, fourth in less than 30 years, Yugoslav Constitution in 1974. These changes transformed the country into a confederation of republics by transferring ever more powers from the federal centre to the subunits. It soon reached the point of making the centre dependent on consensus among quasi-independent republics, empowered even with certain prerogatives usually reserved for sovereign states. Centrifugal federalism describes this system of progressively empowering the subunits to the point of a break-up. The hybrid structure of Yugoslavia was also manifested in the constitutional definitions of federal and republican citizenship. The political primacy of the republics shifted the centre of citizen’s political activity towards his or her republic. Although republican-level citizenship was almost practically irrelevant for ordinary citizens in their everyday life, politically speaking it was republican belonging and citizenship that increasingly took the leading role.

The Constitution and Governance in Cameroon

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Book Series: Routledge Studies on Law in Africa ISBN: 9781351028851 Year: Pages: 272 DOI: 10.4324/9781351028868 Language: English
Publisher: Taylor & Francis
Subject: Law --- Political Science
Added to DOAB on : 2020-10-14 00:03:38
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This book provides a systematic analysis of the major structural and institutional governance mechanisms in Cameroon, critically analysing the constitutional and legislative texts on Cameroon’s semi-presidential system, the electoral system, the legislature, the judiciary, the Constitutional Council and the National Commission on Human Rights and Freedoms. The author offers an assessment of the practical application of the laws regulating constitutional institutions and how they impact on governance. To lay the groundwork for the analysis, the book examines the historical, constitutional and political context of governance in Cameroon, from independence and reunification in 1960–1961, through the adoption of the 1996 Constitution, to more recent events including the current Anglophone crisis. Offering novel insights on new institutions such as the Senate and the Constitutional Council and their contribution to the democratic advancement of Cameroon, the book also provides the first critical assessment of the legislative provisions carving out a special autonomy status for the two Anglophone regions of Cameroon and considers how far these provisions go to resolve the Anglophone Problem. This book will be of interest to scholars of public law, legal history and African politics.

Advancing Equality

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ISBN: 9780520973879 9780520309630 Year: Pages: 417 DOI: 10.1525/luminos.81 Language: English
Publisher: University of California Press
Subject: Architecture
Added to DOAB on : 2020-02-05 11:21:21
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In a world where basic human rights are under attack and discrimination widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century, and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether these rights on paper have been translated into practice, and which nations and protections from discrimination lag behind. As the book reveals, beyond countering discrimination, advancing equality requires fulfilling everyone’s fundamental rights to health and education, essential social and economic rights. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.

Deciphering Markets and Money

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ISBN: 9789523690011 9789523690004 9789523690028 9789523690035 Year: Pages: 203 DOI: 10.33134/HUP-1 Language: English
Publisher: Helsinki University Press
Subject: Economics --- Sociology
Added to DOAB on : 2020-03-04 11:21:03
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"During the last two decades, economic sociology has experienced a remarkable revival and has become one of the most innovative fields of sociological research. Shifts in economic policy worldwide have led to the increasing interest in the sociological analysis of economic phenomena and institutions by challenging traditional research questions and demonstrating the limits and problems inherent in standard economic thinking and reasoning. Jukka Gronow’s book Deciphering Markets and Money solves the problem of the specific social conditions of an economic order based on money and the equal exchange of commodities. Gronow scrutinizes the relation of sociology to neoclassical economics and reflects on how sociology can contribute to the analyses of the major economic institutions. The question of the comparability and commensuration of economic objects runs through the chapters of the book. The author shows that due to the multidimensionality and principal quality uncertainty of products, markets would collapse without market devices that are either procedural, consisting of technical standards and measuring instruments, or aesthetic, relying on the judgements of taste, or both. In his book, Gronow demonstrates that in this respect, financial markets share the same problem as the markets of, wines, movies, or PCs and mobile phones, and hence offer a highly actual case to study their social constitution in the process of coming into being. Jukka Gronow is professor emeritus of sociology at Uppsala University, Sweden, and docent at the University of Helsinki, Finland. He has published on sociology of consumption, history of sociology and social theory."

National Commissions of Inquiry in Africa: Vehicles to pursue accountability for violations of the right to life?

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ISBN: 9781920538866 Year: Pages: 338 Language: English
Publisher: Pretoria University Law Press (PULP)
Subject: Law
Added to DOAB on : 2020-09-09 13:45:17
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National commissions of inquiry in the aftermath of violations of human rights, including violations of the right to life, are a common feature of the African legal and political landscape. There is often a fair measure of scepticism or caution about their use, and with good reason. They can serve as convenient instruments to avoid accountability, rather than to achieve it. However, very little hard evidence is available upon which the performance of such commissions can be assessed, and hence impressions of their utility are often largely anecdotal.For the purposes of this book, researchers went to six countries in Africa—Chad, Burkina Faso, Kenya, Malawi, South Africa and Nigeria—and conducted in-depth investigations of commissions of inquiry that have been held there, interviewing those directly involved in the proceedings and those working on the issues since, including victims, lawyers, investigators and Commissioners. Drawing on this research, the book argues that commissions of inquiry should not be contrasted with courts or with criminal trials, since their proper place is at a different stage of the investigative process. Rather than replacing criminal processes, commissions might guide whether and how they should take place. Commissions can be cathartic events for victims or families; they can demonstrate that human rights are a priority for the state and thus lay the foundations for the rule of law; and they can make broader recommendations about what should be done. In short, in certain circumstances, they can serve to enable a broader concept of accountability.Praise for this publication“A rich collection of well-researched chapters made up of normative analysis and case studies, which presents a much-needed scholarly contribution to the question of accountability for violations of human rights—particularly the right to life—through a means other than a routine criminal process, a question with which the African Commission on Human and Peoples' Rights wrestled in its Study on Transitional Justice that was the basis for the African Union Transitional Justice Policy. The insights it offers on why, how and when Commissions of Inquiry in Africa facilitate accountability are profoundly informative not only for scholars but also for policy makers and practitioners.”Solomon Ayele DerssoChairperson, African Commission on Human and Peoples’ Rights “This book covers new ground, with six rich case studies drawing from on-the ground research across the African continent. It demonstrates that while independent mechanisms can all face significant challenges in the aftermath of grave violations of human rights, properly-mandated, adequately-empowered and well-supported commissions of inquiry can in some cases play a valuable role within broader processes of accountability. The authors rightly focus on the complementarity of the different elements that a transitional justice process must have in order to be compatible with human rights standards, making an extraordinary theoretical contribution to debates about how to guarantee human rights in the face of atrocious facts.”Fabián SalvioliUN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrenceTable of ContentsBackground and acknowledgments &Members of the research teamIntroduction: The role of national commissions of inquiry in securing the supreme human rightThomas Probert & Christof HeynsA brief introduction to the right to life and the normative framework mandating accountability, including the duty to investigate potentially unlawful deaths, as well as to the broader research project lying behind this volumeThe concept of accountability and its importance for the protection of the right to lifeThomas ProbertA chapter that looks at how the mutually-reinforcing character of human rights accountability is fundamental to its definition, and the consequence that human rights accountability must contain three key elements: finding out what happened and who was responsible (investigations); finding waysof remedying the situation (remedies); and finding ways of preventing it from happening again (reforms).‘Lawfare’, instruments of governmentality and accountability, or both? An overview of national commissions of inquiry in AfricaMeetali JainA chapter illustrating how commissions of inquiry have a long pedigree in the legal and bureaucratic architecture of several of the colonial powers in Africa, and have been adopted by many African governments during the post-colonial period. It explores how the commission of inquiry, as an instrument of governmentality, can be and has been imposed for the purpose of legalistic domination, but how it has sometimes acquired a life of its own and also catalysed reform.Commissions of inquiry and social solidarity in the African contextChristof HeynsA chapter that discusses the extent to which it is possible to draw lessons from an historical emphasis on social solidarity to inform our understanding of the role of commissions in Africa. In particular, it explores the extent to which South African jurisprudence has been informed by or has deployed the concept of ubuntu and its impact on accountability, also for right to life violationsShedding all the light? The Commission of Inquiry into the Crimes and Misappropriations of Hissène Habré in ChadThe first case-study chapter, this examines the Commission of Inquiry into the Crimes and Misappropriations Committed by Ex-President Habré, his Accomplices and/or Accessories, which took place in Chad in 1990 to 1991. Established by new President Idriss Déby after Habré had fled the country, it provided a rather one-sided account of the abuses that had occurred during the latter’s rule. Nonetheless, its role in documenting violations, and its status as an official record adopted by the government of Chad, would go on to play a central role in the long story of the pursuit of justice for Habré’s victims, culminating in the Extraordinary African Chambers verdict and his conviction in 2016.A murdered journalist and a crisis of faith in the judiciary: The Independent Commission of Inquiry into the Death of Norbert Zongo in Burkina FasoThomas ProbertWhereas that Chadian Commission reviewed evidence of violations that took place over eight years, and reported on thousands of deaths, the next case study, that of the Independent Commission of Inquiry into the Death of Norbert Zongo and His Four Companions in Burkina Faso in 1999, investigated the events of a single afternoon. This chapter shows how, while the Commission focused on the murder of a journalist, the mobilisation for its establishment, and the challenges it faced reflected a complete lack of faith of the official judicial machinery of Blaise Compaoré’s regime.Public hearings and secret envelopes: The Waki Commission as a case study of accountability in KenyaAnyango Yvonne OyiekeThe third case study is of the well-known Commission of Inquiry into Post-Election Violence in Kenya (sometimes called the Waki Commission). This Commission played a central role at the beginning of a long process of the pursuit of accountability for the abuses at the hands of both non-state and state actors in the aftermath of the 2007 election in Kenya. The Commission formed part of an internationally-mediated peace agreement, involved two international commissioners, and would ultimately end up implicated in a far more international process of indictments before the ICC that would lead to a sitting President appearing (briefly) in the dock at The Hague.A slow but steady search for justice: The Commission of Inquiry into the July 2011 ‘riots’ in MalawiJohn KotsopoulosThe conduct of the police was also examined by the Commission of Inquiry into the Death and Destruction of Property during the events of July 2011 in Malawi. This case was an interesting example of a commission of inquiry investigating a single set of events (the state’s response to a coordinated set of public protests across several cities) from multiple social perspectives, while also drawing important lessons for how the police ought to conduct public order operations.The rose that grew from concrete: The Commission of Inquiry into policing in Khayelitsha, South AfricaMeetali JainThe Commission of Inquiry into Police Inefficiency in Khayleitsha was tasked with investigating an ongoing situation, in one of South Africa’s larger townships. Rather than inquiring into a specific police action, it was in many ways tasked with examining the causes of police inaction. This chapter shows how a commission established by the provincial government of the Western Cape was able to cast a spotlight on a series of social injustices that contributed to substantially weaker protections of the right to life.The (im)partiality of justice: The challenges of investigating the clashes between the Islamic Movement of Nigeria and the Nigerian army in Zaria, NigeriaAnyango Yvonne OyiekeThe final case study is the most recent. The Kaduna State Commission of Inquiry into the Clashes Between the Islamic Movement of Nigeria and the Nigerian Army in Zaria Between 12th & 14th December 2015 provides an interesting example in many respects of how not to conduct a commission of inquiry. This chapter demonstrates how, provided with a less than impartial mandate, a commission can ostensibly neglect the opportunity to conduct detailed investigations into credible evidence of serious violations.Commissions of inquiry: Valuable first steps towards accountability or smokescreens for inaction?Thomas Probert & Christof HeynsWhile not based on a representative sample of current usage or “success”, the findings of this study can lend themselves to certain generalised observations about the effectiveness of commissions of inquiry as accountability mechanisms, and the circumstances under which they can play a role in the broader process that fulfils the state’s procedural obligations with regard to violations of the right to life. In a concluding chapter the editors pull together some of these general characteristics, while also drawing upon international human rights law standards for the conduct of investigations.Annex: A list of commissions of inquiry in Africa, 1990-2016

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