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giovedì 4 aprile 2019

Sezione Diritto pubblico

Legislation at Westminster: Parliamentary Actors and Influence in the Making of British Law

Meg Russell, Daniel Gover - Oxford University Press, 2017
 
Anteprima
The Westminster parliament is a highly visible political institution, and one of its core functions is approving new laws. Yet Britain's legislative process is often seen as executive-dominated, and parliament as relatively weak. As this book shows, such impressions can be misleading. Drawing on the largest study of its kind for more than forty years, Meg Russell and Daniel Gover cast new light on the political dynamics that shape the legislative process. They provide a fascinating account of the passage of twelve government bills - collectively attracting more than 4000 proposed amendments - through both the House of Commons and House of Lords. These include highly contested changes such as Labour's identity cards scheme and the coalition's welfare reforms, alongside other relatively uncontroversial measures. As well as studying the parliamentary record and amendments, the authors draw from more than 100 interviews with legislative insiders. Following introductory chapters about the Westminster legislative process, the book focuses on the contribution of distinct parliamentary 'actors', including the government, opposition, backbenchers, select committees, and pressure groups. It considers their behaviour in the legislative process, what they seek to achieve, and crucially how they influence policy decisions. The final chapter reflects on Westminster's influence overall, showing this to be far greater than commonly assumed. Parliamentary influence is asserted in various different ways - ranging from visible amendments to more subtle means of changing government's behaviour. The book's findings make an important contribution to understanding both British politics and the dynamics of legislative bodies more broadly. Its readability and relevance will appeal to both specialists and general readers with interests in politics and law, in the UK and beyond --Front flap.

Sezione Diritto e società

Movement Parties Against Austerity  

Anteprima
The ascendance of austerity policies and the protests they have generated have had a deep impact on the shape of contemporary politics. The stunning electoral successes of SYRIZA in Greece, Podemos in Spain and the Movimento 5 Stelle (M5S) in Italy, alongside the quest for a more radical left in countries such as the UK and the US, bear witness to a new wave of parties that draws inspiration and strength from social movements.

The rise of movement parties challenges simplistic expectations of a growing separation between institutional and contentious politics and the decline of the left. Their return demands attention as a way of understanding both contemporary socio-political dynamics and the fundamentals of political parties and representation.

Bridging social movement and party politics studies, within a broad concern with democratic theories, this volume presents new empirical evidence and conceptual insight into these topical socio-political phenomena, within a cross-national comparative perspective.

Sezione Diritto pubblico

Pluralist Constitutions in Southeast Asia

Jaclyn L Neo, Ngoc Son Bui - Bloomsbury Publishing, 4 apr 2019
 
Anteprima
This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.

Sezione Diritto privato

The Public Domain: Enclosing the Commons of the Mind

James Boyle -Yale University Press, 2008 
 
In this enlightening book James Boyle describes what he calls the range wars of the information age—today’s heated battles over intellectual property. Boyle argues that just as every informed citizen needs to know at least something about the environment or civil rights, every citizen should also understand intellectual property law. Why? Because intellectual property rights mark out the ground rules of the information society, and today’s policies are unbalanced, unsupported by evidence, and often detrimental to cultural access, free speech, digital creativity, and scientific innovation.

Boyle identifies as a major problem the widespread failure to understand the importance of the public domain—the realm of material that everyone is free to use and share without permission or fee. The public domain is as vital to innovation and culture as the realm of material protected by intellectual property rights, he asserts, and he calls for a movement akin to the environmental movement to preserve it. With a clear analysis of issues ranging from Jefferson’s philosophy of innovation to musical sampling, synthetic biology and Internet file sharing, this timely book brings a positive new perspective to important cultural and legal debates. If we continue to enclose the “commons of the mind,” Boyle argues, we will all be the poorer.