Punishment and the Revocation of Citizenship in the United Kingdom, United States, and Israel

2010 ◽  
Vol 13 (2) ◽  
pp. 404-426 ◽  
Author(s):  
Shai Lavi
Keyword(s):  
United States ◽  
United Kingdom ◽  
Common Law ◽  
The United States ◽  
Political Community ◽  
The Political ◽  
Political Rights ◽  
Main Thrust ◽  
The United Kingdom ◽  
New Formulation

The article examines the ways in which three common law countries——the United Kingdom, the United States, and Israel——have introduced new rules for the revocation of citizenship that diverge from the traditional common law model. The main thrust of the article is to demonstrate how these new regulations are based on three distinct models of citizenship: citizenship as security, citizenship as a social contract, and citizenship as an ethnonational bond. Instead of critically evaluating each model, the article offers a fourth model for revocation based on the civic notion of citizenship. This model offers a new formulation of the traditional common law duty of allegiance, of its breach, and of the revocation of citizenship as punishment. The article will conclude with the suggestion that this model may be able simultaneously to guarantee the protection of political rights and to safeguard the political community.

Introduction The Birth and Growth of Judicial Review in the Civil Law World

2021 ◽  
pp. 1-8
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The Political ◽  
The United Kingdom

This book is about the stunning birth and growth of judicial review in the civil law world, since 1945. In Volume I of this two-volume series, I showed that judicial review was born and grew in common law G-20 constitutional democracies and in Israel primarily: (1) when there is a need for a federalism or a separation of powers umpire, (2) when there is a rights from wrongs dynamic, (3) when there is borrowing, and (4) when the political structure of a country’s institutions leaves space within which the judiciary can operate. The countries discussed in Volume I were the following: (1) the United States, (2) Canada, (3) Australia, (4) India, (5) Israel, (6) South Africa, and (7) the United Kingdom....

Conclusion The American and Westminster Models

2021 ◽  
pp. 391-396
Author(s):  
Steven Gow Calabresi
Keyword(s):  
United States ◽  
Human Rights ◽  
United Kingdom ◽  
Judicial Review ◽  
Separation Of Powers ◽  
Common Law ◽  
The United States ◽  
State Of Emergency ◽  
The United Kingdom ◽  
European Court

This concluding chapter identifies the four major causes of the growth and origin of judicial review in the G-20 common law countries and in Israel. First, the need for a federalism umpire, and occasionally a separation of powers umpire, played a major role in the development of judicial review of the constitutionality of legislation in the United States, in Canada, in Australia, in India, and most recently in the United Kingdom. Second, there is a rights from wrongs phenomenon at work in the growth of judicial review in the United States, after the Civil War; in Canada, with the 1982 adoption of the Canadian Charter of Rights and Freedoms; in India, after the Indira Gandhi State of Emergency led to a massive trampling on human rights; in Israel, after the Holocaust; in South Africa, after racist apartheid misrule; and in the United Kingdom, after that country accumulated an embarrassing record before the European Court of Human Rights prior to 1998. This proves that judicial review of the constitutionality of legislation often occurs in response to a deprivation of human rights. Third, the seven common law countries all borrowed a lot from one another, and from civil law countries, in writing their constitutions. Fourth, and finally, the common law countries all create multiple democratic institutions or political parties, which renders any political attempt to strike back at the Supreme Court impossible to maintain.

A study of the functions of political appointees from a comparative perspective

2021 ◽  
pp. 205789112110369
Author(s):  
Jun Makita
Keyword(s):  
United States ◽  
Decision Making ◽  
United Kingdom ◽  
The United States ◽  
Civil Servants ◽  
Comparative Perspective ◽  
The Political ◽  
The Real ◽  
The United Kingdom ◽  
Political Appointees

In this article, the functions of political appointees have been classified by an index on the relation between politics and bureaucracy. Based on that classification, the real states of four democracies, the United States, the United Kingdom, France and Japan, have been examined. From this study, the causation consisting of the politico-administrative relation (concretely, the insider-outsider factor and the line-staff factor), the independent value, and the political appointees' functions (advice, decision-making and interface between politicians and civil servants), the dependent value, has been confirmed. Through this examination from a comparative perspective, a proposal of generalization about the political appointees' functions has been presented.

scholarly journals The scope of rights of appeal (not recourse) from arbitration awards

2021 ◽  
Author(s):  
◽  
Benjamin Suter
Keyword(s):  
United States ◽  
United Kingdom ◽  
New Zealand ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The United Kingdom ◽  
Law Courts ◽  
Model Law ◽  
The Right

<p>This paper examines the scope of rights of appeal from arbitration awards in New Zealand, Singapore, Switzerland, the United Kingdom and the United States.  In countries that have drafted their legislation after the UNCITRAL Model Law appeals are often excluded and only recourse based on very narrow grounds is available. While many countries are more permissive with regards to appeals than the Model Law in that they allow the parties to opt for more expansive review, none of the examined jurisdictions give the parties the right to opt for appeals on questions of law and fact.  In several cases parties have tried to expand the rights of appeal by agreement. Such agreements are deemed invalid in all jurisdictions. When examining whether the invalid clause renders the entire arbitration agreement invalid, courts in common law jurisdictions have applied the doctrine of severance in some variations. Civil law courts usually examine whether the parties would have concluded the contract without the invalid clause (“but for”-test).  This paper suggests that many of these tests are not suitable for arbitration agreements where the parties do not exchange considerations but rather promise one another exactly the same. The preferable approach is to combine the “but for”-test with a test that assesses if severance alters the nature of the agreement.</p>

A Scale for Measuring a Tory Streak in Canada and the United States

1977 ◽  
Vol 10 (3) ◽  
pp. 597-614
Author(s):  
Tom Truman
Keyword(s):  
United States ◽  
United Kingdom ◽  
Political Culture ◽  
The United States ◽  
Attitude Scale ◽  
English Canada ◽  
The Political ◽  
The United Kingdom ◽  
English Speaking ◽  
English Canadian

This paper reports the making and testing of an attitude scale to be used in measuring toryism-conservatism in both English Canada and the United States (and any other English-speaking country). The fact that the scale is to be used on both sides of the border affects the kinds of items included in the scale, but more of that later.The inspiration for creating the toryism-conservatism scale came from Gad Horowitz's contention that the political cultures of both the United States and English-speaking Canada are Lockean liberal in content, but the English-Canadian political culture is different from the American because it has a “tory streak” which came in with the United Empire Loyalists, the expelled American “tories,” and was reinforced by later immigrations from the United Kingdom.

scholarly journals The scope of rights of appeal (not recourse) from arbitration awards

2021 ◽  
Author(s):  
◽  
Benjamin Suter
Keyword(s):  
United States ◽  
United Kingdom ◽  
New Zealand ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
The United Kingdom ◽  
Law Courts ◽  
Model Law ◽  
The Right

<p>This paper examines the scope of rights of appeal from arbitration awards in New Zealand, Singapore, Switzerland, the United Kingdom and the United States.  In countries that have drafted their legislation after the UNCITRAL Model Law appeals are often excluded and only recourse based on very narrow grounds is available. While many countries are more permissive with regards to appeals than the Model Law in that they allow the parties to opt for more expansive review, none of the examined jurisdictions give the parties the right to opt for appeals on questions of law and fact.  In several cases parties have tried to expand the rights of appeal by agreement. Such agreements are deemed invalid in all jurisdictions. When examining whether the invalid clause renders the entire arbitration agreement invalid, courts in common law jurisdictions have applied the doctrine of severance in some variations. Civil law courts usually examine whether the parties would have concluded the contract without the invalid clause (“but for”-test).  This paper suggests that many of these tests are not suitable for arbitration agreements where the parties do not exchange considerations but rather promise one another exactly the same. The preferable approach is to combine the “but for”-test with a test that assesses if severance alters the nature of the agreement.</p>

Political Satire, That Was The Week That Was, and the Assassination of John F. Kennedy

2020 ◽  
pp. 152747642094414
Author(s):  
Aniko Bodroghkozy
Keyword(s):  
United States ◽  
United Kingdom ◽  
The United States ◽  
The Political ◽  
Political Satire ◽  
American Television ◽  
The United Kingdom ◽  
Transatlantic History ◽  
Transatlantic Exchange ◽  
History Of

The political satire boom in the United States and the United Kingdom experienced a brief, albeit notorious success on British and American television, most notably represented by That Was The Week That Was. In the United States, the satire boom largely evaporated with the assassination of President Kennedy. This article examines the transatlantic history of this iconic programme during the Kennedy years and how that transatlantic exchange manifested in the midst of the immediate aftermath of Kennedy’s death with the British satirists’ hastily produced tribute episode a day after the American president’s assassination, its broadcast on NBC twice in the days following the assassination, and the Anglophilic response by American audiences to the programme in voluminous letters sent to the BBC.

Allied Commission for Austria

1950 ◽  
Vol 4 (2) ◽  
pp. 338-338
Keyword(s):  
United States ◽  
United Kingdom ◽  
Political Parties ◽  
Executive Committee ◽  
The United States ◽  
The Political ◽  
The United Kingdom ◽  
High Commissioner ◽  
The Subject ◽  
International Laws

Two topics were the subject of discussion in the Allied Council and Executive Committee during August 1949: 1) the question of Allied Control over Austrian political parties; and 2) the western attempt to eliminate censorship over Austrian communications. Concerning the political parties two resolutions were submitted by the French and by the United Kingdom Commissions. The French draft was rejected by the three other commissions and the United Kingdom draft, declaring that the Allied Council had decided that political parties needed “no longer obtain the authorization of the Allied Council as required by the decision of the 11th September 1945“ and the “Austrian Government will be responsible for regulating the formation and activity of political parties or organizations according to provisions of international laws,“ was adopted by the Council. The Soviet representative objected to this and to a second French proposal. The United States and United Kingdom agreed to a French suggestion that the Allied Council meet in an extraordinary session to consider further the French position and the question in general but the Soviet High Commissioner refused to accept

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