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36807 results in Cambridge Textbooks

Page 614 of 1841

  • 18 - Litigation: Equalities focus

  • Carol Harlow, London School of Economics and Political Science, Richard Rawlings, University College London
  • Book:
    Law and Administration
    Published online:
    06 July 2021
    Print publication:
    22 July 2021, pp 776-810

  • Summary

    In an influential article written at the beginning of the century, Rabinder Singh QC called equality the ‘neglected virtue’ of our constitutional law. For what had become a much more diverse, multi-ethnic, society, this was a challenging characterisation; and so too in jurisprudential terms given that the right to be treated equally is a central tenet of modern liberalism. In Singh’s words, equality ‘could not be more important as a symbol of the kind of society we are’.

  • 8 - Recognition

  • Malcolm N. Shaw
  • Book:
    International Law
    Published online:
    01 July 2021
    Print publication:
    22 July 2021, pp 377-415

  • Summary

    International society is not an unchanging entity, but is subject to the ebb and flow of political life. New states are created and old units fall away. New governments come into being within states in a manner contrary to declared constitutions whether or not accompanied by force. Insurgencies occur and belligerent administrations are established in areas of territory hitherto controlled by the legitimate government. Each of these events creates new facts and the question that recognition is concerned with revolves around the extent to which legal effects should flow from such occurrences. Each state will have to decide whether or not to recognise the particular eventuality and the kind of legal entity it should be accepted as.

  • 12 - Immunities from Jurisdiction

  • Malcolm N. Shaw
  • Book:
    International Law
    Published online:
    01 July 2021
    Print publication:
    22 July 2021, pp 601-676

  • Summary

    In the previous chapter, the circumstances in which a state may seek to exercise its jurisdiction in relation to civil and criminal matters were considered. In this chapter, the reverse side of this phenomenon will be examined, that is those cases in which jurisdiction cannot be exercised as it normally would because of special factors. In other words, the focus is upon immunity from jurisdiction and those instances where there exist express exceptions to the usual application of a state’s legal powers. The concept of jurisdiction revolves around the principles of state sovereignty, equality and non-interference. Domestic jurisdiction as a notion attempts to define an area in which the actions of the organs of government and administration are supreme, free from international legal principles and interference. Indeed, most of the grounds for jurisdiction can be related to the requirement under international law to respect the territorial integrity and political independence of other states.

Page 614 of 1841