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The Nature of Legislative Intent
Are legislatures able to form and act on intentions? The question matters because the interpretation of statutes is often thought to centre on the intention of the legislature and because the way in which the legislature acts is relevant to the authority it does or should enjoy. Many scholars argue that legislative intent is a fiction: the legislative assembly is a large, diverse group rather than a single person and it seems a mystery how the intentions of the individual legislators might somehow add up to a coherent group intention. This book argues that in enacting a statute the well-formed legislature forms and acts on a detailed intention, which is the legislative intent. The foundation...
Lord Sumption and the Limits of the Law
In Lord Sumption and the Limits of the Law, leading public law scholars reflect on the nature and limits of the judicial role and its implications for human rights protection and democracy. The starting point for this reflection is Lord Sumption's lecture, 'The Limits of the Law', which grounds a wide-ranging discussion of questions including the scope and legitimacy of judicial law-making, the interpretation of the European Convention on Human Rights, and the continuing significance and legitimacy, or otherwise, of the European Court of Human Rights. Lord Sumption ends the volume with a substantial commentary on the responses to his lecture.
Modern Challenges to the Rule of Law
The essays in this collection consider challenges to the maintenance of the rule of law in mature, modern legal systems. Leading judges and scholars from Australia, New Zealand and the United Kingdom - including the Hon Justice Dyson Heydon and Professor John Finnis - reflect on the nature of the rule of law and the form of order that it prescribes. The essays consider the distinction between formal and substantive conceptions of the rule of law; the relationship between rights, democracy and the rule of law; and the ideal's implications for legal change in general and the difference between legislating and case law development in particular. Some contributors address the way in which judicial action may challenge the rule of law. Others explore the ideal's implications in particular contexts. The collection's editor, Dr Richard Ekins, is a Senior Lecturer in Law at the University of Auckland.
The Transgender Phenomenon
"Dave King and Richard Ekins are the leading world sociologists in this field. The book brings together a brilliant synthesis of history, case studies, ideas and positions as they have emerged over the past thirty years, and brings together a rich but always grounded account of this field, providing a state of the art of critical concepts and ideas to take this field further during the twenty first century." - Ken Plummer, University of Essex "An outstanding survey of the evolution of trans phenomena, splendidly written, highly informative, scholarly at its best, yet easy to read even for those neither trans nor sociologist. Ekins and King, experts in the field, unroll the panoramas of sex, ...
Legislated Rights
Argues that legislatures are necessary for securing human rights, and opposes theories that locate that responsibility primarily with courts.
Male Femaling
This unique and fascinating book, meticulously and systematically develops a theory of male femaling which has major ramifications for both the field of 'transvestism' and 'transsexualism' and for the analysis of sex and gender more generally.
Blending Genders
First published in 1995, the book describes personal experiences of those who cross-dress and sex change, how they organise themselves socially - in both `outsider' and `respectable' communities. The contributors consider the dominant medical framework through which gender blending is so often seen and look at the treatment afforded gender blending in literature, the press and the recently emerged telephone sex lines. The book concludes with a discussion of the lively debates that have taken place concerning the politics of transgenderism in recent years, and examines its prominence in recent contributions to contemporary cultural theory and queer theory.
Legislated Rights
The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.
The Rise and Fall of the European Constitution
The Draft European Constitution was arguably both an attempt to constitutionalise the Union, re-framing that project in the language of the state, and an attempt to stretch the boundaries of constitutionalism itself, re-imagining that concept to accommodate the sui generis European Union. The (partial) failure of this project is the subject of this collection of essays. The collection brings together leading EU constitutional scholars to consider, with the benefit of hindsight, the purportedly constitutional character of the proposed Constitutional Treaty, the reasons for its rejection by voters in France and the Netherlands, the ongoing implications of this episode for the European project, and the lessons it teaches us about what constitutionalism really means.
The Principles of Constitutionalism
In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debate...
