Administrative Law

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  • The Bonfire of the Liberties: New Labour, Human Rights, and the Rule of Law

    Karton Kapak
    The Bonfire of the Liberties is a provocative book which confronts the corrosion of civil liberties under successive New Labour governments since 1997. It argues that the last decade has seen a wholesale failure of constitutional principle and exposed the futility of depending on legal rights to restrict the power of executive government. It considers the steps necessary to prevent the continued decline of political standards, arguing that only through rebalancing political power can civil liberties be adequately protected. Relying on extensive new research of inaccessible sources, the book examines the major battlegrounds over civil liberties under New Labour, including the growth and abuse of police power, state surveillance and counter-terrorist measures. It unfolds a compelling narrative of the major battles fought before Parliament and in the courts, and attacks the failure of the political and legal systems to offer protection to those suffering abuses of their civil liberty at the hands of an aggressive Executive. In doing so, it offers a definitive account of the struggle for civil liberty in modern Britain, and a controversial argument for the reforms necessary to contain executive power.
    20,88  TL90,77  TL
  • One Nation Under Surveillance: A New Social Contract to Defend Freedom Without Sacrificing Liberty

    One Nation Under Surveillance: A New Social Contract to Defend Freedom Without Sacrificing Liberty

    Sert Kapak
    What limits, if any, should be placed on a government's efforts to spy on its citizens in the name of national security? Spying on foreigners has long been regarded as an unseemly but necessary enterprise. Spying on one's own citizens in a democracy, by contrast, has historically been subject to various forms of legal and political restraint. For most of the twentieth century these regimes were kept distinct. That position is no longer tenable. Modern threats do not respect national borders. Changes in technology make it impractical to distinguish between 'foreign' and 'local' communications. And our culture is progressively reducing the sphere of activity that citizens can reasonably expect to be kept from government eyes.The main casualty of this transformed environment will be privacy. Recent battles over privacy have been dominated by fights over warrantless electronic surveillance or CCTV; the coming years will see debates over DNA databases, data mining, and biometric identification. There will be protests and lawsuits, editorials and elections resisting these attacks on privacy. Those battles are worthy. But the war will be lost. Modern threats increasingly require that governments collect such information, governments are increasingly able to collect it, and citizens increasingly accept that they will collect it.One Nation Under Surveillance proposes a move away from questions of whether governments should collect information and onto more problematic and relevant questions concerning its use. By reframing the relationship between privacy and security in the language of a social contract, mediated by a citizenry who are active participants rather than passive targets, this book offers a framework to defend freedom without sacrificing liberty.
    Temin Edilemiyor
  • International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away

    International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away

    Karton Kapak
    Trusteeship and the civilizing mission in international relations did not end with the emergence of the self-determination entitlement that led to decolonization in the second half of the 20th century. International organizations, whose modern form emerged during the height of colonialism, took on the 'civilizing' role in the 'post-colonial' era, internationalizing trusteeship and re-legitimizing it as a feature of international public policy into the bargain. Through analysis of the history of and purposes associated with the involvement of international organizations in territorial administration, such as the UN missions in Kosovo and East Timor, a comparison between this activity and colonial trusteeship, the Mandate and Trusteeship arrangements, and an exploration of the modern ideas of international law and public policy that underpin and legitimize contemporary interventions, this book relates a new history of the concept of international trusteeship. From British colonialist Lord Lugard's 'dual mandate' to the 'state-building' agenda of the High Representative in Bosnia and Herzegovina, Lord Ashdown, wide-ranging links between the complex peace operations of today and the civilizing mission of the colonial era are established, offering a historical, political, and legal framework within which the legitimacy of, and challenges faced by, complex interventions can be appraised. This new history of international trusteeship raises important questions about the role of international law and organizations in facilitating relations of dominations and tutelage, and suggests that the contemporary significance of the self-determination entitlement needs to be re-evaluated.
    Temin Edilemiyor
  • The European Company (Law Practitioner Series) (Volume 2)

    The European Company (Law Practitioner Series) (Volume 2)

    The European Company ('SE') is a legal entity offering a European perspective for businesses. Its purpose is to allow businesses that wish to extend their activities beyond their home Member State to operate throughout the EU on the basis of one set of rules and a unified management system. The book explains how to set up and organise a European Company, as well as setting out the text of the EC instruments (a Regulation and a Directive) serving as its legal basis, and a list of national implementing laws. This second volume reports on the countries which have legislated during 2005 and 2006. Divided into two sections, it first offers critical review of the usefulness of, and the opportunities presented by, this new vehicle; analyses the Regulation and the Directive; and examines the tax aspects of the SE. The second part reports on each of the Member States.
    Temin Edilemiyor