Hagit Borer
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780199263905
- eISBN:
- 9780191718182
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199263905.001.0001
- Subject:
- Linguistics, Semantics and Pragmatics
This book explores the difference between words however defined and structures however constructed. It sets out to demonstrate over three volumes — of which this is the first — that the explanation ...
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This book explores the difference between words however defined and structures however constructed. It sets out to demonstrate over three volumes — of which this is the first — that the explanation of linguistic competence should be shifted from lexical entry to syntactic structure, from memory of words to manipulation of rules. Its reformulation of how grammar and lexicon interact has profound implications for linguistic, philosophical, and psychological theories about human mind and language. The book departs from both language specific constructional approaches and lexicalist approaches to argue that universal hierarchical structures determine interpretation, and that language variation emerges from the morphological and phonological properties of inflectional material. This volume applies this radical approach to nominal structure. Integrating research in syntax, semantics, and morphology, the volume argues that nominal structure is based on the syntactic realization of semantic notions such as classifier, quantity, and reference. In the process, this volume seeks to do away with lexical ambiguity and type-shifting. Among the topics the volume considers are the interpretation of proper names, the mass-count distinction, the weak-strong interpretation of quantifiers, partitive and measure phrases, and the structural representation of the definite article. In the process, the volume explores inter-language variation through the properties of the morpho-phonological system. The languages discussed include English, Chinese, Italian, and Hebrew.Less
This book explores the difference between words however defined and structures however constructed. It sets out to demonstrate over three volumes — of which this is the first — that the explanation of linguistic competence should be shifted from lexical entry to syntactic structure, from memory of words to manipulation of rules. Its reformulation of how grammar and lexicon interact has profound implications for linguistic, philosophical, and psychological theories about human mind and language. The book departs from both language specific constructional approaches and lexicalist approaches to argue that universal hierarchical structures determine interpretation, and that language variation emerges from the morphological and phonological properties of inflectional material. This volume applies this radical approach to nominal structure. Integrating research in syntax, semantics, and morphology, the volume argues that nominal structure is based on the syntactic realization of semantic notions such as classifier, quantity, and reference. In the process, this volume seeks to do away with lexical ambiguity and type-shifting. Among the topics the volume considers are the interpretation of proper names, the mass-count distinction, the weak-strong interpretation of quantifiers, partitive and measure phrases, and the structural representation of the definite article. In the process, the volume explores inter-language variation through the properties of the morpho-phonological system. The languages discussed include English, Chinese, Italian, and Hebrew.
Jochen Prantl
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199287680
- eISBN:
- 9780191603723
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199287686.003.0008
- Subject:
- Political Science, International Relations and Politics
This chapter illustrates the extreme case of conducting crisis management outside the UN framework without explicit authorization of the Security Council. It argues that despite the marginalization ...
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This chapter illustrates the extreme case of conducting crisis management outside the UN framework without explicit authorization of the Security Council. It argues that despite the marginalization of the Security Council in the management of the crisis, the institution continued to exert a pull on the players to seek post-hoc legitimization of the settlement. The prospect of re-involving the United Nations constituted an important precondition for the resolution of conflict. Ancillary to the first point, G-8 and Troika were instrumental in providing a platform for the re-involvement of the United Nations. Exiting the UN framework allowed the use of military force, which the Western Alliance considered necessary to achieve political outcomes. The retreat to informal settings such as Quint, G-8, and Troika allowed the merging of the military and political track of conflict management that had been disconnected.Less
This chapter illustrates the extreme case of conducting crisis management outside the UN framework without explicit authorization of the Security Council. It argues that despite the marginalization of the Security Council in the management of the crisis, the institution continued to exert a pull on the players to seek post-hoc legitimization of the settlement. The prospect of re-involving the United Nations constituted an important precondition for the resolution of conflict. Ancillary to the first point, G-8 and Troika were instrumental in providing a platform for the re-involvement of the United Nations. Exiting the UN framework allowed the use of military force, which the Western Alliance considered necessary to achieve political outcomes. The retreat to informal settings such as Quint, G-8, and Troika allowed the merging of the military and political track of conflict management that had been disconnected.
Sandra Raban
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199252879
- eISBN:
- 9780191719264
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199252879.003.0008
- Subject:
- History, British and Irish Medieval History
The book concludes that a plausible case can be made that Edward I had Domesday Book in mind when he commissioned the 1279–80 hundred roll inquiry, but that it evolved into something different as the ...
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The book concludes that a plausible case can be made that Edward I had Domesday Book in mind when he commissioned the 1279–80 hundred roll inquiry, but that it evolved into something different as the commission was translated into articles and the articles were interpreted by the different commissioners. Findings about chronology, procedures, the nature of the surviving returns and the uses to which they have been put are summarized.Less
The book concludes that a plausible case can be made that Edward I had Domesday Book in mind when he commissioned the 1279–80 hundred roll inquiry, but that it evolved into something different as the commission was translated into articles and the articles were interpreted by the different commissioners. Findings about chronology, procedures, the nature of the surviving returns and the uses to which they have been put are summarized.
Bruce A. Thyer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195323375
- eISBN:
- 9780199864430
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195323375.001.0001
- Subject:
- Social Work, Research and Evaluation
The art of writing up a completed research project in a form suitable for submission to a professional journal is an ability separate from one's skills as a research methodologist, clinician, or ...
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The art of writing up a completed research project in a form suitable for submission to a professional journal is an ability separate from one's skills as a research methodologist, clinician, or administrator. It is also an ability that, despite its importance, is often overlooked by graduate research courses and senior-level mentors. This book is a guide to preparing research articles and it presents an insider's look to writing up studies and getting them published. It aims to unravel the mysteries and illuminate the pitfalls that students, as well as many established researchers, might otherwise stumble over. The book's advice on selecting an appropriate journal, handling rejections and revisions, understanding confusing concepts like impact factors and electronic publishing, and avoiding common methodological and formatting pitfalls constitute a gold mine of information for the fledgling research writer.Less
The art of writing up a completed research project in a form suitable for submission to a professional journal is an ability separate from one's skills as a research methodologist, clinician, or administrator. It is also an ability that, despite its importance, is often overlooked by graduate research courses and senior-level mentors. This book is a guide to preparing research articles and it presents an insider's look to writing up studies and getting them published. It aims to unravel the mysteries and illuminate the pitfalls that students, as well as many established researchers, might otherwise stumble over. The book's advice on selecting an appropriate journal, handling rejections and revisions, understanding confusing concepts like impact factors and electronic publishing, and avoiding common methodological and formatting pitfalls constitute a gold mine of information for the fledgling research writer.
Bruce A. Thyer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195323375
- eISBN:
- 9780199864430
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195323375.003.0005
- Subject:
- Social Work, Research and Evaluation
This chapter introduces the unpleasant reality of having the research paper rejected by a professional journal, and how one can credibly cope and learn from the experience, resulting in its eventual ...
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This chapter introduces the unpleasant reality of having the research paper rejected by a professional journal, and how one can credibly cope and learn from the experience, resulting in its eventual acceptance by another periodical. Requests to revise the paper and to resubmit it to the original journal is a highly desirable outcome of the initial submission, and tips are given on how to turn around such papers in an efficient manner that is responsive to the reviewers' and Editor's suggestions. To score touchdowns a lot of hits need to be taken.Less
This chapter introduces the unpleasant reality of having the research paper rejected by a professional journal, and how one can credibly cope and learn from the experience, resulting in its eventual acceptance by another periodical. Requests to revise the paper and to resubmit it to the original journal is a highly desirable outcome of the initial submission, and tips are given on how to turn around such papers in an efficient manner that is responsive to the reviewers' and Editor's suggestions. To score touchdowns a lot of hits need to be taken.
Steffen Hindelang
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199572656
- eISBN:
- 9780191705540
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199572656.001.0001
- Subject:
- Law, EU Law
The book presents a coherent doctrinal construction of the EC Treaty provisions on free movement of capital in a third-country context with a focus on direct investment. The respective regime ...
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The book presents a coherent doctrinal construction of the EC Treaty provisions on free movement of capital in a third-country context with a focus on direct investment. The respective regime applicable to intra-Community capital movement serves as a point of reference and a benchmark and, thus, is also part of a substantial review. The central question of the study is: What rights does a private market participant, engaged in cross border direct investment originating from or directed to a non EC Member State, enjoy by virtue of Article 56 EC et seqq.? The book argues that in principle, the provisions on free movement of capital apply the same liberal standards irrespective of whether intra-Community or third country direct investment is involved. Hence, those who participate in third country direct investment enjoy essentially the same guarantees by virtue of the provisions on free movement of capital as those active in intra-Community direct investment. The book's subject matter is highly topical and of considerable relevance. Currently, neo protectionist ideas are on the rise within the Member States of the EC. The Member States face considerable problems in acclimating themselves to increasing inward direct investment originating from developing and emerging market countries. Scepticism increases, at times bordering on irrational blunt hostility, if an investment is placed by a so called sovereign wealth fund headquartered in an emerging market. Political opinion after a very emotional debate has been strong enough that some Member States have started tightening their regulatory framework on foreign direct investment. However, such protectionist regulatory measures restricting the admission and treatment of foreign direct investment cannot be imposed ad libitum. They must be measured against the freedom of capital movement.Less
The book presents a coherent doctrinal construction of the EC Treaty provisions on free movement of capital in a third-country context with a focus on direct investment. The respective regime applicable to intra-Community capital movement serves as a point of reference and a benchmark and, thus, is also part of a substantial review. The central question of the study is: What rights does a private market participant, engaged in cross border direct investment originating from or directed to a non EC Member State, enjoy by virtue of Article 56 EC et seqq.? The book argues that in principle, the provisions on free movement of capital apply the same liberal standards irrespective of whether intra-Community or third country direct investment is involved. Hence, those who participate in third country direct investment enjoy essentially the same guarantees by virtue of the provisions on free movement of capital as those active in intra-Community direct investment. The book's subject matter is highly topical and of considerable relevance. Currently, neo protectionist ideas are on the rise within the Member States of the EC. The Member States face considerable problems in acclimating themselves to increasing inward direct investment originating from developing and emerging market countries. Scepticism increases, at times bordering on irrational blunt hostility, if an investment is placed by a so called sovereign wealth fund headquartered in an emerging market. Political opinion after a very emotional debate has been strong enough that some Member States have started tightening their regulatory framework on foreign direct investment. However, such protectionist regulatory measures restricting the admission and treatment of foreign direct investment cannot be imposed ad libitum. They must be measured against the freedom of capital movement.
Bruce A. Thyer
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195323375
- eISBN:
- 9780199864430
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195323375.003.0004
- Subject:
- Social Work, Research and Evaluation
This chapter describes the various ways in which articles may be formally submitted to a professional journal, including postal mail, as e-mailed attachments, and (increasingly) via journal web ...
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This chapter describes the various ways in which articles may be formally submitted to a professional journal, including postal mail, as e-mailed attachments, and (increasingly) via journal web portals. Attention should be given to noting potential conflicts of interest, and also to avoiding the appearance (and reality) of so-called “salami science,” dividing the research project up into a series of small but publishable papers, when a larger article would be more in keeping with usefully disseminating the work.Less
This chapter describes the various ways in which articles may be formally submitted to a professional journal, including postal mail, as e-mailed attachments, and (increasingly) via journal web portals. Attention should be given to noting potential conflicts of interest, and also to avoiding the appearance (and reality) of so-called “salami science,” dividing the research project up into a series of small but publishable papers, when a larger article would be more in keeping with usefully disseminating the work.
Sir Adam Roberts
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0005
- Subject:
- Political Science, International Relations and Politics
Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of ...
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Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of humanitarian intervention also poses a challenge to the UN and its member states, and could even undermine the organization. At the heart of the UN’s difficulty is a delicate balance between the rights of individuals and the rights of states. For its first 45 years, the body was associated with the principle of non-intervention and the non-use of force, yet, since 1990, it has endorsed a series of interventions for humanitarian purposes. After considering the history and causes of this shift, the author discusses nine cases of intervention between 1990 and 2001. These cases reveal a number of issues and controversies, including reliance on the UN Security Council for authorization, the stance of the UN Secretary General, and the impact of the 2002 National Security Strategy of the United States.Less
Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of humanitarian intervention also poses a challenge to the UN and its member states, and could even undermine the organization. At the heart of the UN’s difficulty is a delicate balance between the rights of individuals and the rights of states. For its first 45 years, the body was associated with the principle of non-intervention and the non-use of force, yet, since 1990, it has endorsed a series of interventions for humanitarian purposes. After considering the history and causes of this shift, the author discusses nine cases of intervention between 1990 and 2001. These cases reveal a number of issues and controversies, including reliance on the UN Security Council for authorization, the stance of the UN Secretary General, and the impact of the 2002 National Security Strategy of the United States.
Andrew L-T Choo
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199280834
- eISBN:
- 9780191712876
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199280834.001.0001
- Subject:
- Law, Criminal Law and Criminology
The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the ...
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The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today. This fully updated second edition of Abuse of Process and Judicial Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including the USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights on the judicial discretion to stay criminal proceedings. It explores substantial amounts of important recent case law, taking into account ECHR jurisprudence and discussions in English courts of the interplay between Article 6 ECHR and abuse of process.Less
The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today. This fully updated second edition of Abuse of Process and Judicial Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including the USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights on the judicial discretion to stay criminal proceedings. It explores substantial amounts of important recent case law, taking into account ECHR jurisprudence and discussions in English courts of the interplay between Article 6 ECHR and abuse of process.
William Domnarski
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780195374599
- eISBN:
- 9780199871452
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195374599.001.0001
- Subject:
- Law, Legal Profession and Ethics
The power and influence of the federal judiciary has been widely discussed and understood. And while there have been a fair number of institutional studies of individual district courts or courts of ...
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The power and influence of the federal judiciary has been widely discussed and understood. And while there have been a fair number of institutional studies of individual district courts or courts of appeal, there have been very few studies of the judiciary that emphasize the judges themselves. Although previous studies provide numerous statistical facts, they do not answer the two most important questions relating to the federal judiciary: who the judges are and what they do. Federal Judges Revealed considers approximately one hundred oral histories of Article Three judges, extracting the most important information. The material is organized thematically so that practitioners can easily access professional areas of interest. Topics include “How judges write their opinions” and “What judges believe make a good lawyer”. The book considers the background of the judges through college, law school, military service, clerkships, practice lives, and their appointments to the federal bench. It allows the reader to evaluate Federal judges based on their own words without an intermediary.Less
The power and influence of the federal judiciary has been widely discussed and understood. And while there have been a fair number of institutional studies of individual district courts or courts of appeal, there have been very few studies of the judiciary that emphasize the judges themselves. Although previous studies provide numerous statistical facts, they do not answer the two most important questions relating to the federal judiciary: who the judges are and what they do. Federal Judges Revealed considers approximately one hundred oral histories of Article Three judges, extracting the most important information. The material is organized thematically so that practitioners can easily access professional areas of interest. Topics include “How judges write their opinions” and “What judges believe make a good lawyer”. The book considers the background of the judges through college, law school, military service, clerkships, practice lives, and their appointments to the federal bench. It allows the reader to evaluate Federal judges based on their own words without an intermediary.
Jennifer M. Welsh (ed.)
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.001.0001
- Subject:
- Political Science, International Relations and Politics
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged ...
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The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.Less
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.
Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.003.0006
- Subject:
- Political Science, International Relations and Politics
In stark contrast to American policy, European states have embraced the ICC. This chapter examines what this tells us about Europe as an actor on the global state. Drawing on Andrew Linklater's ...
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In stark contrast to American policy, European states have embraced the ICC. This chapter examines what this tells us about Europe as an actor on the global state. Drawing on Andrew Linklater's conception of a post‐Westphalian political association, the chapter examines how the European Union and its member governments have interacted with Westphalian states like the US on matters relating to the ICC. In particular the chapter focuses on the political dilemmas created by US attempts to exempt its citizens from the ICC's jurisdiction and it uses these as case studies to illustrate how support for the Court impacts on our understanding of good international citizenship. The chapter offers detailed accounts of the debate on bilateral non‐surrender or bilateral immunity agreements, the debate at the Security Council on exemptions for peacekeepers, and the Security Council's decision to refer the situation in Darfur to the ICC.Less
In stark contrast to American policy, European states have embraced the ICC. This chapter examines what this tells us about Europe as an actor on the global state. Drawing on Andrew Linklater's conception of a post‐Westphalian political association, the chapter examines how the European Union and its member governments have interacted with Westphalian states like the US on matters relating to the ICC. In particular the chapter focuses on the political dilemmas created by US attempts to exempt its citizens from the ICC's jurisdiction and it uses these as case studies to illustrate how support for the Court impacts on our understanding of good international citizenship. The chapter offers detailed accounts of the debate on bilateral non‐surrender or bilateral immunity agreements, the debate at the Security Council on exemptions for peacekeepers, and the Security Council's decision to refer the situation in Darfur to the ICC.
Jennifer M. Welsh
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0004
- Subject:
- Political Science, International Relations and Politics
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken ...
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Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’.Less
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’.
Brice Dickson
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199571383
- eISBN:
- 9780191721854
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199571383.003.0011
- Subject:
- Law, Human Rights and Immigration
The law relating to the freedoms protected by Articles 9 to 11 of the European Convention — freedom of speech, belief, assembly, and association — has in Northern Ireland always been similar to that ...
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The law relating to the freedoms protected by Articles 9 to 11 of the European Convention — freedom of speech, belief, assembly, and association — has in Northern Ireland always been similar to that applying in England and Wales. During the years of conflict it has been a key element in a number of important controversies. This chapter looks in turn at broadcasting bans, freedom of expression during electoral and parliamentary processes, freedom of belief claims such as those put forward by people seeking to join the police, and the freedom to march, together with a miscellany of other relatively minor issues. Until 2000, of course, the European Convention was not part of the domestic law of any part of the United Kingdom (nor of Ireland until 2004), so persons or organizations with grievances about their right to freedom of speech, belief, and assembly had to take their complaints to Strasbourg if they wanted Convention standards to be directly applied. This happened rarely, and when it did, applicants tended to discover that this was yet another field in which the enforcement organs of the Convention system were quite content to confer a wide margin of appreciation on States.Less
The law relating to the freedoms protected by Articles 9 to 11 of the European Convention — freedom of speech, belief, assembly, and association — has in Northern Ireland always been similar to that applying in England and Wales. During the years of conflict it has been a key element in a number of important controversies. This chapter looks in turn at broadcasting bans, freedom of expression during electoral and parliamentary processes, freedom of belief claims such as those put forward by people seeking to join the police, and the freedom to march, together with a miscellany of other relatively minor issues. Until 2000, of course, the European Convention was not part of the domestic law of any part of the United Kingdom (nor of Ireland until 2004), so persons or organizations with grievances about their right to freedom of speech, belief, and assembly had to take their complaints to Strasbourg if they wanted Convention standards to be directly applied. This happened rarely, and when it did, applicants tended to discover that this was yet another field in which the enforcement organs of the Convention system were quite content to confer a wide margin of appreciation on States.
Alan M. Dershowitz
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780195158076
- eISBN:
- 9780199869848
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195158075.003.0003
- Subject:
- Political Science, American Politics
Gives an account of the final decision of the US Supreme Court on the Florida vote in the (Bush vs Gore) US presidential election of 2000. Includes discussion of the deliberations and decisions of ...
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Gives an account of the final decision of the US Supreme Court on the Florida vote in the (Bush vs Gore) US presidential election of 2000. Includes discussion of the deliberations and decisions of the Florida Supreme Court in the case of the recount in that state. The main sections of the chapter are: Imperfect Ballots and the Misuse of the Equal‐Protection Clause; Discerning Intent; The Majority's Curious Use of Precedent to Reach Its Result — the inability of the majority of the Supreme Court to point to any case that supported its questionable interpretation of the equal‐protection clause; Of Fundamental Rights, Equal Protection, and Victims; Limited Circumstances — the statement by the Supreme Court that their consideration was limited to the 2000 US presidential election; The Article II Argument — by the US Supreme Court that the Florida Supreme Court had usurped the constitutional authority of the legislature; and Justification by National Crisis.Less
Gives an account of the final decision of the US Supreme Court on the Florida vote in the (Bush vs Gore) US presidential election of 2000. Includes discussion of the deliberations and decisions of the Florida Supreme Court in the case of the recount in that state. The main sections of the chapter are: Imperfect Ballots and the Misuse of the Equal‐Protection Clause; Discerning Intent; The Majority's Curious Use of Precedent to Reach Its Result — the inability of the majority of the Supreme Court to point to any case that supported its questionable interpretation of the equal‐protection clause; Of Fundamental Rights, Equal Protection, and Victims; Limited Circumstances — the statement by the Supreme Court that their consideration was limited to the 2000 US presidential election; The Article II Argument — by the US Supreme Court that the Florida Supreme Court had usurped the constitutional authority of the legislature; and Justification by National Crisis.
Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.003.0016
- Subject:
- Political Science, Democratization
Recounts the intense debate in the revision committee over Article 9, renouncing war and armed forces, and the contents of the bill of rights (Chapter III). The chapter reveals sharp quarrels between ...
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Recounts the intense debate in the revision committee over Article 9, renouncing war and armed forces, and the contents of the bill of rights (Chapter III). The chapter reveals sharp quarrels between Chairman Ashida Hitoshi and representatives of the left about viewing the Weimar Constitution as a model for Japan's new democracy. It sets forth the debate over human rights: what would be the status of religion under the new constitutional structure? Would Japan's traditional family structure survive in the new emphasis on the rights of individuals? A notable speech by a newly elected female member, Katō Shizue, and rejoinders by Kimura Tokutarō and Tanaka Kōtarō, ministers of justice and education, respectively, explored these questions.Less
Recounts the intense debate in the revision committee over Article 9, renouncing war and armed forces, and the contents of the bill of rights (Chapter III). The chapter reveals sharp quarrels between Chairman Ashida Hitoshi and representatives of the left about viewing the Weimar Constitution as a model for Japan's new democracy. It sets forth the debate over human rights: what would be the status of religion under the new constitutional structure? Would Japan's traditional family structure survive in the new emphasis on the rights of individuals? A notable speech by a newly elected female member, Katō Shizue, and rejoinders by Kimura Tokutarō and Tanaka Kōtarō, ministers of justice and education, respectively, explored these questions.
Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.003.0018
- Subject:
- Political Science, Democratization
The last week of July was a critical period for the framing of Japan's postwar Constitution. Ashida Hitoshi appointed 14 Diet members (including Kita Reikichi and Inukai Takeru) to a special ...
More
The last week of July was a critical period for the framing of Japan's postwar Constitution. Ashida Hitoshi appointed 14 Diet members (including Kita Reikichi and Inukai Takeru) to a special subcommittee. It was assigned the delicate task of combing through the text and, where necessary, preparing amendments, based on the preceding weeks’ discussions. Ch. 16 recounts how the subcommittee – under the watchful eye of Charles Kades, deputy director of SCAP's Government Section (GS) – devoted particular attention to the preamble, the correct terms to express popular sovereignty, and Article 9, renouncing war and armed forces. It was during this period that Article 9 was significantly amended. Ch. 16 carefully examines the intentions of the framers of these amendments.Less
The last week of July was a critical period for the framing of Japan's postwar Constitution. Ashida Hitoshi appointed 14 Diet members (including Kita Reikichi and Inukai Takeru) to a special subcommittee. It was assigned the delicate task of combing through the text and, where necessary, preparing amendments, based on the preceding weeks’ discussions. Ch. 16 recounts how the subcommittee – under the watchful eye of Charles Kades, deputy director of SCAP's Government Section (GS) – devoted particular attention to the preamble, the correct terms to express popular sovereignty, and Article 9, renouncing war and armed forces. It was during this period that Article 9 was significantly amended. Ch. 16 carefully examines the intentions of the framers of these amendments.
Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.003.0020
- Subject:
- Political Science, Democratization
Recounts the climax in the House of Representatives over constitutional revision. (In Japan's new democratic dispensation, the popularly elected lower house had controlling power.) Ch. 18 tells how ...
More
Recounts the climax in the House of Representatives over constitutional revision. (In Japan's new democratic dispensation, the popularly elected lower house had controlling power.) Ch. 18 tells how the two major parties in the conservative governing coalition (Liberals and Progressive Democrats) became actively involved in negotiations over the exact terms of Article 9, renouncing war and armed forces, and the disposition of imperial property. It also recounts how Colonel Kades, somewhat reluctantly, brought forward several amendments demanded by the Allied member‐nations on the Far Eastern Commission, including one providing that only “civilians” could serve in the cabinet. Finally, it summarizes the proceedings of Saturday, August 24, a time for soaring eloquence and the final vote in the House of Representatives.Less
Recounts the climax in the House of Representatives over constitutional revision. (In Japan's new democratic dispensation, the popularly elected lower house had controlling power.) Ch. 18 tells how the two major parties in the conservative governing coalition (Liberals and Progressive Democrats) became actively involved in negotiations over the exact terms of Article 9, renouncing war and armed forces, and the disposition of imperial property. It also recounts how Colonel Kades, somewhat reluctantly, brought forward several amendments demanded by the Allied member‐nations on the Far Eastern Commission, including one providing that only “civilians” could serve in the cabinet. Finally, it summarizes the proceedings of Saturday, August 24, a time for soaring eloquence and the final vote in the House of Representatives.
Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.003.0021
- Subject:
- Political Science, Democratization
Having passed the lower house, the proposed revision came next before the House of Peers. The aristocratic upper house would exist no longer under the new constitution, yet its approval was critical ...
More
Having passed the lower house, the proposed revision came next before the House of Peers. The aristocratic upper house would exist no longer under the new constitution, yet its approval was critical to the project's legitimacy. Ch. 19 tells how the proposed revision came under severe attack by peers, but was also stoutly defended. The principal defenders, besides Kanamori, were a highly respected lawyer, Takayanagi Kenzō, and Nanbara Shigeru, president of the University of Tokyo; the scholarly Sasaki Sōichi and a fierce and eloquent peer, Sawada Ushimaro, led the critics. Again the role of the emperor under the new charter (kokutai) was an object of earnest interest, as was Article 9 and the bill of rights.Less
Having passed the lower house, the proposed revision came next before the House of Peers. The aristocratic upper house would exist no longer under the new constitution, yet its approval was critical to the project's legitimacy. Ch. 19 tells how the proposed revision came under severe attack by peers, but was also stoutly defended. The principal defenders, besides Kanamori, were a highly respected lawyer, Takayanagi Kenzō, and Nanbara Shigeru, president of the University of Tokyo; the scholarly Sasaki Sōichi and a fierce and eloquent peer, Sawada Ushimaro, led the critics. Again the role of the emperor under the new charter (kokutai) was an object of earnest interest, as was Article 9 and the bill of rights.
Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.003.0022
- Subject:
- Political Science, Democratization
On August 31, a “special committee,” consisting of 45 members of the House of Peers, began a series of secret meetings that would last until October 3. Attention focused again on the emperor's role ...
More
On August 31, a “special committee,” consisting of 45 members of the House of Peers, began a series of secret meetings that would last until October 3. Attention focused again on the emperor's role (kokutai), popular sovereignty, and the proposed electoral review of judges. Peers also criticized the American‐sounding rhetoric of the preamble and the notion in Chapter X of the constitution as “supreme law.” Notable during these debates were exchanges between Takayanagi Kenzō and Sasaki Sōichi. In the end, after making a few minor amendments, the House of Peers added its approval of the revision.Less
On August 31, a “special committee,” consisting of 45 members of the House of Peers, began a series of secret meetings that would last until October 3. Attention focused again on the emperor's role (kokutai), popular sovereignty, and the proposed electoral review of judges. Peers also criticized the American‐sounding rhetoric of the preamble and the notion in Chapter X of the constitution as “supreme law.” Notable during these debates were exchanges between Takayanagi Kenzō and Sasaki Sōichi. In the end, after making a few minor amendments, the House of Peers added its approval of the revision.
