The Limits To Union

Author: Jonathan Goldberg-Hiller
Publisher: University of Michigan Press
ISBN: 0472022741
Size: 30.94 MB
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Revised and updated to include the most current information on same-sex marriage, The Limits to Union documents a legal struggle at its moment of greatest historical importance. "The Limits to Union is a superb book about the complexities of recent political struggles over same-sex marriage. Goldberg-Hiller offers a sophisticated account of egalitarian rights advocacy and the reaction it has generated from established majorities animated by a 'new common sense' of exclusionary sovereign authority. The author's analysis is multidimensional and nuanced, but the core argument is bold, important, and well-supported. I recommend it very highly to everyone interested in understanding the character, possibilities, and constraints of civil rights amid our contemporary culture wars." -Michael McCann, author of Rights at Work: Pay Equity Reform and the Politics of Legal Mobilization "In this excellent book, Goldberg-Hiller uses Hawaii's experience to examine the interaction between courts and the political system. . . . Relying on briefs, legislative statements, and interviews with activists from both sides of the question, he views this familiar debate . . . through the unfamiliar prism of gay marriage, which allows him to gauge the viability and the pliability of the American civil rights ideal, and how gay and lesbian issues fit (or don't fit) within that ideal." -Willian Heinzen, New York Law Journal "Goldberg-Hiller presents the history of the same-sex marriage question since it first sparked debate in Hawaii. He follows the shifting debate through court cases, state propositions, and state and federal legislatures, considering questions about the constitutionality of the Defense of Marriage Act and the concept of equal protection under the law for gays and lesbians. This detailed treatment of the legal issues surrounding same-sex marriages is highly recommended." -R. L. Abbott, University of Evansville "[A] valuable contribution to the field, situating the gay marriage debate in broader contexts of theory, law and practice. [S]ame-sex marriage is an important issue...that finds itself caught in the friction points of much larger debates over the nature of rights, the limits of sovereignty and the proper role of courts and law in a democratic society. The Limits to Union should therefore be of interest even to those who do not think of themselves as interested in gay and lesbian rights issues." -Evan Gerstmann, Loyola Marymount University, Law and Politics Book Review

The Outer Limits Of European Union Law

Author: Catherine Barnard
Publisher: Bloomsbury Publishing
ISBN: 1847314961
Size: 16.79 MB
Format: PDF
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A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits , thereby demonstrating that the prospect of being overcome may be a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.

The Limits Of Sovereignty

Author: Daniel W. Hamilton
Publisher: ReadHowYouWant.com
ISBN: 1459606248
Size: 34.51 MB
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Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thought? Daniel W. Hamilton locates that change in the crucible of the Civil War. In the early days of the war, Congress passed the First and Second Confiscation Acts, authorizing the Union to seize private property in the rebellious states of the Confederacy, and the Confederate Congress responded with the broader Sequestration Act. The competing acts fueled a fierce, sustained debate among legislators and lawyers about the principles underlying alternative ideas of private property and state power, a debate which by 1870 was increasingly dominated by today's view of more limited government power. Through its exploration of this little-studied consequence of the debates over confiscation during the Civil War, The Limits of Sovereignty will be essential to an understanding of the place of private property in American law and legal history.

Limits To Eu Powers

Author: Jacob Öberg
Publisher: Bloomsbury Publishing
ISBN: 1509903364
Size: 29.74 MB
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Pursuant to the precepts of EU law, EU policy-makers are bound to ensure that any EU legislation must fall within the remit of the EU's competences. This monograph looks at this highly contested issue, with particular reference to European Union criminal law. It looks at the powers enjoyed by the EU to impose criminal sanctions to suggest mechanisms by which legislative powers could be kept in check. The book argues that the main responsibility for providing checks against the exercise of EU power lies with the EU judiciary. It argues that the most effective form of review is procedural and through the case study of sanctions, provides the basis for such a review. Innovative, engaging and rigorous, this is an important publication both in the field of European criminal and constitutional law.

Air Transport And The European Union

Author: H. Kassim
Publisher: Springer
ISBN: 0230245382
Size: 37.25 MB
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Air Transport and the European Union examines the emergence of the EU as a major actor in aviation. It investigates how the EU was able to develop a common policy despite the existence of an established sectoral regime and against the opposition of most European states and their 'flag carriers'.

Religion And The Struggle For European Union

Author: Brent F. Nelsen
Publisher: Georgetown University Press
ISBN: 1626160716
Size: 55.47 MB
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In Religion and the Struggle for European Union, Brent F. Nelsen and James L. Guth delve into the powerful role of religion in shaping European attitudes on politics, political integration, and the national and continental identities of its leaders and citizens. Nelsen and Guth contend that for centuries Catholicism promoted the universality of the Church and the essential unity of Christendom. Protestantism, by contrast, esteemed particularity and feared Catholic dominance. These differing visions of Europe have influenced the process of postwar integration in profound ways. Nelsen and Guth compare the Catholic view of Europe as a single cultural entity best governed as a unified polity against traditional Protestant estrangement from continental culture and its preference for pragmatic cooperation over the sacrifice of sovereignty. As the authors show, this deep cultural divide, rooted in the struggles of the Reformation, resists the ongoing secularization of the continent. Unless addressed, it threatens decades of hard-won gains in security and prosperity. Farsighted and rich with data, Religion and the Struggle for European Union offers a pragmatic way forward in the EU's attempts to solve its social, economic, and political crises.

The Division Of Competences Between The Eu And The Member States

Author: Sacha Garben
Publisher: Bloomsbury Publishing
ISBN: 1509913475
Size: 74.34 MB
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The issue of competence division is of fundamental importance as it reflects the 'power bargain' struck between the Member States and their Union, determining the limits of the authority of the EU as well as the limits of the authority of the Member States. It defines the nature of the EU as a polity, as well as the identity of the Member States. After over six years since the entry into force of the Lisbon Treaty, it is high time to take stock of whether the reforms that were adopted to make the Union's system of division of competences between the EU Member States clearer, more coherent, and better at containing European integration, have been successful. This book asks whether 'the competence problem' has finally been solved. Given the fundamental importance of this question, this publication will be of interest to a wide audience, from constitutional and substantive EU law scholars to practitioners in the EU institutions and EU legal practice more generally.

The Question Of Competence In The European Union

Author: ... Azoulai
Publisher: Oxford University Press
ISBN: 0198705220
Size: 40.29 MB
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The allocation of powers between the European Union and its Member States is a classic theme in European studies. The question of to how to limit the expansion of Union's competences whilst safeguarding the dynamics of the process of European integration is now being raised. This book is a theoretical and practical inquiry into this question