The Constitution Of Illicit Orders
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Author | : Philip Hamburger |
Publisher | : University of Chicago Press |
Total Pages | : 646 |
Release | : 2014-05-27 |
Genre | : Law |
ISBN | : 022611645X |
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Author | : Christopher Marc Lilyblad |
Publisher | : Routledge |
Total Pages | : 501 |
Release | : 2020-07-08 |
Genre | : Political Science |
ISBN | : 1000065804 |
Contesting conventional assumptions of the modern nation-state, this book challenges us to rethink the segmentation of the political realm and its underlying economic and social processes. Cognizant of the historical context of systemic change, Lilyblad reconstructs how illicit social order arises from agonistic competition over territory, authority, and institutions. Immersive empirical investigation traces this bottom-up process in local conflict zones, detailing how spontaneous configurations of violence, socioeconomic resources, and legitimacy transcend the divide between public and private. Ultimately, the analytical vantage of global governance assesses the sobering implications for sovereignty to more accurately reflect the world we have, not the one we may want. By showing how these inherently local illicit social orders develop apart from – not below – the state within a global anarchic society, this book will be of interest to a wide range of scholars, including political scientists, economists, sociologists, geographers, as well as researchers in interdisciplinary fields such as International Development, International Political Economy, and Global Governance.
Author | : Lindy Muzila |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : International law |
ISBN | : 9780821394540 |
Despite broad international recognition of the criminalization of illicit enrichment, it has not been universally accepted as an anti-corruption measure. Instead, criminalization of illicit enrichment continues to generate extensive debate and controversy. Against this background, this volume aims to provide an analysis of how illicit enrichment works, and attempts to shed light on any contributions that it has made to the fight against corruption and the recovery of stolen assets. Rather than delving into the theoretical and academic debates around illicit enrichment, this study focuses primarily on the analysis of current practice, case law, and existing literature to offer a new perspective to the on-going discussions. More specifically, the volume addresses the legal framework upon which the concept of illicit enrichment rests, and the resulting policy implications of that legal framework. It also focuses on illicit enrichment as an anti-corruption mechanism, from its roots as a response to the problems inherent to prosecutions involving corruption, to an examination of elements and inchoate offenses relating to illicit enrichment under international conventions. It examines illicit enrichment jurisprudence in the global context. An extensive survey was carried out to determine the countries where the offense exists, what form it takes, how often it is used, and for countries where it doesn't, what other measures are used in its place. The authors neither recommend nor oppose the adoption of illicit enrichment provisions, but rather aim to assist jurisdictions considering such steps by highlighting key questions that might arise during implementation, including how the offense is defined and enforced domestically by States. Similarly, the authors do not endorse nor criticize any practice carried out by States in the implementation of the criminalization of illicit enrichment. Ultimately, it is also hoped that this study provides a basis for further discussion amongst policy makers and practitioners, and fuels upcoming discussions by the Conference of State parties of the UNCAC and its Working Groups
Author | : Hiromi Sato |
Publisher | : Springer Science & Business Media |
Total Pages | : 183 |
Release | : 2011-02-16 |
Genre | : Law |
ISBN | : 3642167535 |
The legal consequence of the superior orders defense has long been debated as one of the major problems in international criminal law. Several controversial issues such as the immunity of the state, the absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complexly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a comprehensive portrait of the relevant debates at the international level up to the present, analyzes the conflicting views, and shows the significance of the development of international rules for the superior orders defense as well as the implication of the fact that issues concerning some detailed or related rules have been left unresolved. This study presents to present a new standpoint not only on dealing with the problem of the superior orders defense but also on reconsidering the international stipulation of rulemaking with regard to criminal matters.
Author | : William Chetwood De Hart |
Publisher | : |
Total Pages | : 504 |
Release | : 1863 |
Genre | : Courts-martial and courts of inquiry |
ISBN | : |
Author | : William Chetwood De Hart |
Publisher | : |
Total Pages | : 460 |
Release | : 1869 |
Genre | : Courts-martial and courts of inquiry |
ISBN | : |
Author | : Erika de Wet |
Publisher | : Amsterdam University Press |
Total Pages | : 35 |
Release | : 2005-05-12 |
Genre | : International agencies |
ISBN | : 9056293877 |
This title can be previewed in Google Books - http://books.google.com/books'vid=ISBN9789056293871.
Author | : George Leech |
Publisher | : Catholic University of America Press |
Total Pages | : 192 |
Release | : 1922 |
Genre | : Law |
ISBN | : |
CUA Press is proud to announce the CUA Studies in Canon Law. In conjunction with the School of Canon Law of the Catholic University of America, we are making available, both digitally and in print, more than 400 canon law dissertations from the 1920s - 1960s, many of which have long been unavailable. These volumes are rich in historical content, yet remain relevant to canon lawyers today. Topics covered include such issues as abortion, excommunication, and infertility. Several studies are devoted to marriage and the annulment process; the acquiring and disposal of church property, including the union of parishes; the role and function of priests, vicars general, bishops, and cardinals; and juridical procedures within the church. For those who seek to understand current ecclesial practices in light of established canon law, these books will be an invaluable resource.
Author | : United States. National Labor Relations Board |
Publisher | : |
Total Pages | : 1700 |
Release | : 2002 |
Genre | : Labor laws and legislation |
ISBN | : |
Author | : George Leo Leech |
Publisher | : |
Total Pages | : 192 |
Release | : 1922 |
Genre | : Censures, Ecclesiastical |
ISBN | : |