Introduction 1 Challenges of judicial reasoning in beginning and end-of-life cases 2 Ways of judicial reasoning ⁰́₃ outline 3 Ways of reasoning in medically assisted procreation and surrogacy cases 4 Ways of reasoning in abortion cases 5 Ways of reasoning in end-of
This book is a passionate call for citizen action to uphold the rule of law when government does not. Arguing that post-9/11 legislation and foreign policy severed the executive branch from the will of the people, Elaine Scarry in Rule of Law, Misrule of Men offers a fierce defense of the people's role as guarantor of our democracy. She begins with the groundswell of local resistance to the 200…
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 …
This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies.The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the s…
The history of Louisiana from slavery until the Civil Rights Act of 1964 shows that unique influences within the state were responsible for a distinctive political and social culture. In New Orleans, the most populous city in the state, this was reflected in the conflict that arose on segregated streetcars that ran throughout the crescent city. This study chronologically surveys segregation on…
What are chances and challenges of referring to human rights law in defining crimes under international law? Under what circumstances is a reference to human rights law dogmatically appropriate and practically likely? The answers to these questions are explored through a look at the theoretical framework, practical application in jurisprudence as well as empirically through interviews with judg…
Recent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has cha…