Adjudicating Revolution

Adjudicating Revolution
Title Adjudicating Revolution PDF eBook
Author Kay, Richard S.
Publisher Edward Elgar Publishing
Pages 256
Release 2022-06-14
Genre Law
ISBN 1788971337

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Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.

The Power of Legality

The Power of Legality
Title The Power of Legality PDF eBook
Author Nikolas M. Rajkovic
Publisher Cambridge University Press
Pages 407
Release 2016-07-28
Genre Law
ISBN 1316684121

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From an airstrip in Saudi Arabia, the CIA launches drones to 'legally' kill Al-Qaida leaders in Yemen. On the North Pole, Russia plants a flag on the seabed to extend legal claim over resources. In Brussels, the European Commission unveils its Emissions Trading System, extending environmental jurisdiction globally over foreign airlines. And at Frankfurt Airport, a father returning from holiday is detained because his name appears on a security list. Today, legality commands substantial currency in world affairs, yet growing reference to international legality has not marked the end of strategic struggles in global affairs. Rather, it has shifted the field and manner of play for a plurality of actors who now use, influence and contest the way that law's rule is applied to address global problems. Drawing on a range of case studies, this volume explores the various meanings and implications of legality across scholarly, institutional and policy settings.

Adjudicating Family Law in Muslim Courts

Adjudicating Family Law in Muslim Courts
Title Adjudicating Family Law in Muslim Courts PDF eBook
Author Elisa Giunchi
Publisher Routledge
Pages 188
Release 2013-12-04
Genre Social Science
ISBN 1317964888

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While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.

Waitangi & Indigenous Rights

Waitangi & Indigenous Rights
Title Waitangi & Indigenous Rights PDF eBook
Author F. M. Brookfield
Publisher Auckland University Press
Pages 265
Release 2007-04-01
Genre Business & Economics
ISBN 1775582361

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This landmark study examines issues surrounding New Zealand’s Treaty of Waitangi, focusing on recent Fiji revolutions and indigenous customary rights to the seabed and foreshore. In this revised edition, the author approaches these complex and controversial matters with a careful, thorough, and principled approach while dealing with the broad constitutional issues and responding to comments made by other scholars. This study will serve as an essential tool for those working in the area and for those engaged in this contemporary debate.

Guardians of the Revolution

Guardians of the Revolution
Title Guardians of the Revolution PDF eBook
Author Ray Takeyh
Publisher Oxford University Press
Pages 321
Release 2011-05-05
Genre History
ISBN 0199754101

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For over a quarter century, Iran has been one of America's chief nemeses. Ever since Ayatollah Khomeini overthrew the Shah in 1979, the relationship between the two nations has been antagonistic: revolutionary guards chanting against the Great Satan, Bush fulminating against the Axis of Evil, Iranian support for Hezbollah, and President Ahmadinejad blaming the U.S. for the world's ills. The unending war of words suggests an intractable divide between Iran and the West, one that may very well lead to a shooting war in the near future. But as Ray Takeyh shows in this accessible and authoritative history of Iran's relations with the world since the revolution, behind the famous personalities and extremist slogans is a nation that is far more pragmatic--and complex--than many in the West have been led to believe. Takeyh explodes many of our simplistic myths of Iran as an intransigently Islamist foe of the West. Tracing the course of Iranian policy since the 1979 revolution, Takeyh identifies four distinct periods: the revolutionary era of the 1980s, the tempered gradualism following the death of Khomeini and the end of the Iran-Iraq war in 1989, the "reformist" period from 1997-2005 under President Khatami, and the shift toward confrontation and radicalism since the election of President Ahmadinejad in 2005. Takeyh shows that three powerful forces--Islamism, pragmatism, and great power pretensions--have competed in each of these periods, and that Iran's often paradoxical policies are in reality a series of compromises between the hardliners and the moderates, often with wild oscillations between pragmatism and ideological dogmatism. The U.S.'s task, Takeyh argues, is to find strategies that address Iran's objectionable behavior without demonizing this key player in an increasingly vital and volatile region. With its clear-sighted grasp of both nuance and historical sweep, Guardians of the Revolution will stand as the standard work on this controversial--and central--actor in world politics for years to come.

The Post-Soviet as Post-Colonial

The Post-Soviet as Post-Colonial
Title The Post-Soviet as Post-Colonial PDF eBook
Author Partlett, William
Publisher Edward Elgar Publishing
Pages 288
Release 2022-05-19
Genre Law
ISBN 1802209441

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Working to demystify the enigmatic process behind enacting public policies, The Politics of Meaning Struggles uses the case of the 2011 prohibition of hydraulic fracturing by the French government to address the wider phenomenon of governmental shifts in policy decisions.

Social Memory, Silenced Voices, and Political Struggle

Social Memory, Silenced Voices, and Political Struggle
Title Social Memory, Silenced Voices, and Political Struggle PDF eBook
Author Bissell, William Cunningham
Publisher Mkuki na Nyota Publishers
Pages 406
Release 2018-05-28
Genre History
ISBN 998708317X

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This volume focuses on the cultural memory and mediation of the 1964 Zanzibar revolution, analyzing it’s continuing reverberations in everyday life. The revolution constructed new conceptions of community and identity, race and cultural belonging, as well as instituting different ideals of nationhood, citizenship, sovereignty. As the commemoration of the 50th anniversary of the revolution revealed, the official versions of events have shifted significantly over time and the legacy of the uprising is still deeply contested. In these debates, the question of Zanzibari identity remains very much at stake: Who exactly belongs in the islands and what historical processes brought them there? What are the boundaries of the nation, and who can claim to be an essential part of this imagined and embodied community? Political belonging and power are closely intertwined with these issues of identity and history—raising intense debates and divisions over precisely where Zanzibar should be situated within the national order of things in a postcolonial and interconnected world. Attending to narratives that have been overlooked, ignored, or relegated to the margins, the authors of these essays do not seek to simply define the revolution or to establish its ultimate meaning. Instead, they seek to explore the continuing echoes and traces of the revolution fifty years on, reflected in memories, media, and monuments. Inspired by interdisciplinary perspectives from anthropology, history, cultural studies, and geography, these essays foreground critical debates about the revolution, often conducted sotto voce and located well off the official stage—attending to long silenced questions, submerged doubts, rumors and secrets, or things that cannot be said.