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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...
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.
The Rise and Fall of the European Constitution
"The conference on which this collection is based was held under the auspices of the Programme for the Foundations of Law & Constitutional Government"--Acknowledgements, page [v].
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...
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.
Elements of Legislation
Neil Duxbury combines analytical legal philosophy and legal history to explore the concept of legislation.
Political Deference in a Democratic Age
This book explores the concept of deference as used by historians and political scientists. Often confused and judged to be outdated, it shows how deference remains central to understanding British politics to the present day. This study aims to make sense of how political deference has functioned in different periods and how it has played a crucial role in legitimising British politics. It shows how deference sustained what are essentially English institutions, those which dominated the Union well into the second half of the twentieth century until the post-1997 constitutional transformations under New Labour. While many dismiss political and institutional deference as having died out, this...
