Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.
Charles-Louis de Secondat, Baron de La Brede et de Montesquieu generally referred to as simply Montesquieu, was a French lawyer, man of letters, and political philosopher who lived during the Age of Enlightenment. He is famous for his articulation of the theory of separation of powers, which is implemented in many constitutions throughout the world. He did more than any other author to secure the place of the word despotism in the political lexicon.Montesquieu is credited as being among the progenitors, which include Herodotus and Tacitus, of anthropology, as being among the first to extend comparative methods of classification to the political forms in human societies. Indeed, the French political anthropologist Georges Balandier considered Montesquieu to be "the initiator of a scientific enterprise that for a time performed the role of cultural and social anthropology". According to social anthropologist D. F. Pocock, Montesquieu's The Spirit of the Laws was "the first consistent attempt to survey the varieties of human society, to classify and compare them and, within society, to study the inter-functioning of institutions." Montesquieu's political anthropology gave rise to his theories on government. When Catherine the Great wrote her Nakaz (Instruction) for the Legislative Assembly she had created to clarify the existing Russian law code, she avowed borrowing heavily from Montesquieu's Spirit of the Laws, although she discarded or altered portions that did not support Russia's absolutist bureaucratic monarchy.
The riddles of the Stark Law have become increasingly difficult solve. Thousands of pages of agency discussion and interpretation, judicial decisions, government and defense briefs, and commentary have tried to decode those riddles. The product of years of research and hands-on legal practice, this book provides a comprehensive and in-depth Stark Law resource that will give readers working in or with the health care industry the keys to decode this riddle, including:
The main body of the book avoids "legalese" to explain the law in plain English. A Glossary of Acronyms is also included for readers new to the area. Much more than a primer, however, the book also provides detailed discussion and analysis for the reader looking for a more nuanced and comprehensive treatment.
This book is both a teaching tool and reference guide to one of the most important, and complicated, statutes in the current environment of increased government scrutiny of health care regulatory compliance.
Batley and Larbi examine how governments of developing countries are organized to deliver public services. The book is based on comparative international studies of four service sectors: healthcare, urban water, business promotion and agricultural marketing. Governments everywhere are being driven to adopt an "indirect" approach--managing, contracting and regulating public agencies or private partners, rather than providing services directly. It questions how governments are responding and whether this approach is appropriate to the capacities of developing countries.
"In this important book, three of the leading authors in the field of international economic law discuss the law and economics of the three most frequently used contingent protection instruments: anti-dumping, countervailing measures, and safeguards. When discussing countervailing measures, the authors also discuss legal challenges against prohibited and/or actionable subsidies. The authors' choice is mandated by the fact that the effects of a subsidy cannot always be confined to the market of the WTO Member wishing to react against it. Assuming there are effects outside its market, an injured WTO Member can challenge the scheme as such before a WTO Panel. Taking the three agreements for granted as a starting point, the book provides comprehensive discussion of both the original contracts and the case law that has substantially contributed to the understanding of these agreements."--BOOK JACKET.
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