Limits Of Supranational Justice

A rich and gripping account of the challenges of transnational legal mobilization against an authoritarian regime engaged in state violence.

Noam Chomsky is one of the most influential thinkers of our time, yet his views are often misunderstood. In this previously unpublished series of interviews, Chomsky discusses his iconoclastic and important ideas concerning language, human nature and politics. In dialogue with James McGilvray, Professor of Philosophy at McGill University, Chomsky takes up a wide variety of topics - the nature of language, the philosophies of language and mind, morality and universality, science and common sense, and the evolution of language. McGilvray's extensive commentary helps make this incisive set of interviews accessible to a variety of readers. The volume is essential reading for those involved in the study of language and mind, as well as anyone with an interest in Chomsky's ideas.

A study of biodiversity governance analyzes the factors that determine the effectiveness of transnational advocacy networks and the importance of justice claims to conservation. In the late 2000s, ordinary citizens in Jamaica and Mexico demanded that government put a stop to lucrative but environmentally harmful economic development activities—bauxite mining in Jamaica and large-scale tourism and overfishing on the eastern coast of the Yucatán Peninsula. In each case, the catalyst for the campaign was information gathered and disseminated by transnational advocacy networks (TANs) of researchers, academics, and activists. Both campaigns were successful despite opposition from industry supporters. Meanwhile, simultaneous campaigns to manage land in another part of the Yucatán and to conserve migratory birds in Egypt had far less success. In this book, Kemi Fuentes-George uses these four cases to analyze factors that determine the success or failure of efforts by TANs to persuade policymakers and private sector actors in developing countries to change environmental behavior. Fuentes-George argues that in order to influence the design and implementation of policy, TANs must generate a scientific consensus, create social relationships with local actors, and advocate for biodiversity in a way that promotes local environmental justice. Environmentally just policies would allow local populations access to their lands provided they use natural resources sustainably. Justice claims are also more likely to generate needed support among local groups for conservation projects. In their conservation efforts, Jamaica, Mexico, and Egypt were attempting to meet their obligations under the UN Convention on Biological Diversity and other regional agreements. Fuentes-George's innovative analysis shows the importance of local environmental justice for the implementation of international environmental treaties.

The fourth edition of Constitutional and Administrative Law: Text with Materials provides a wealth of essential materials drawn from a wide range of sources and integrated with lively commentary. It enables students to gain a full understanding of public law by explaining the context of its historical development and current political climate.

This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.

This fully updated edition offers coverage of new topics and a more student-friendly design, while retaining the original style and features.

Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.

Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.