Civil Liberties1

2004 ◽  
Author(s):  
David Feldman
Keyword(s):  
Twentieth Century ◽  
Great Britain ◽  
Civil Liberties ◽  
Effective Protection ◽  
The Law ◽  
Parliamentary Supremacy

This chapter examines the changes in civil liberties in Great Britain during the twentieth century. It suggests that, for those 100 years, the law and practice of civil liberties have pulled in many directions at the same time. The doctrine of parliamentary supremacy gave Parliament the opportunity either to extend effective protection for rights or to interfere with them more extensively, and some rights, such as those derived from the idea of equality, have been advanced by Parliament.

Towards the Final Legitimation of the Party

2017 ◽  
Author(s):  
Piero Ignazi
Keyword(s):  
Twentieth Century ◽  
Great Britain ◽  
Political Parties ◽  
Political Party ◽  
Sole Source ◽  
The Political ◽  
Party Formation ◽  
Post War ◽  
Dominant Influence

Chapter 3 investigates the process of party formation in France, Germany, Great Britain, and Italy, and demonstrates the important role of cultural and societal premises for the development of political parties in the nineteenth century. Particular attention is paid in this context to the conditions in which the two mass parties, socialists and Christian democrats, were established. A larger set of Western European countries included in this analysis is thoroughly scrutinized. Despite discontent among traditional liberal-conservative elites, full endorsement of the political party was achieved at the beginning of the twentieth century. Particular attention is paid to the emergence of the interwar totalitarian party, especially under the guise of Italian and German fascism, when ‘the party’ attained its most dominant influence as the sole source and locus of power. The chapter concludes by suggesting hidden and unaccounted heritages of that experience in post-war politics.

Moral and Legal Dilemmas of the New Polish Security Policy

2019 ◽  
Vol 27 (02) ◽  
pp. 260-274
Author(s):  
Marek Górka
Keyword(s):  
Security Policy ◽  
Terrorist Attack ◽  
Civil Liberties ◽  
European Countries ◽  
Heated Debate ◽  
The Law

Due to attacks carried out by terrorist organisations, most European countries have placed this phenomenon at the forefront of their priorities in the field of security policy. The fight against terrorism has sparked a heated debate about the significance of security and civil liberties. The law on anti-terrorist operations of 2 July 2016 triggered the debate in Poland as well. This article attempts to answer the question of whether it is possible to maintain a balance between freedom and security. Therefore, the contemporary challenge that many governments face is not effective terrorist attack prevention, but rather an effective anti-terrorism policy whose provisions will not pose a greater threat to democracy than terrorists themselves.

Guarding the Public Interest: England's Coroners and Organ Transplants, 1960–1975

2015 ◽  
Vol 54 (4) ◽  
pp. 926-946 ◽  
Author(s):  
Helen MacDonald
Keyword(s):  
Twentieth Century ◽  
Public Interest ◽  
Spare Part ◽  
Organ Transplants ◽  
Legal Requirement ◽  
The Public ◽  
The Law ◽  
Do So

AbstractFrom the mid-twentieth century, England's coroners were crucial to the supply of organs to transplant, as much of this material was gleaned from the bodies of people who had been involved in accidents. In such situations the law required that a coroner's consent first be obtained lest removing the organs destroy evidence about the cause of the person's death. Surgeons challenged the legal requirement that they seek consent before taking organs, arguing that doing so hampered their quick access to bodies. Some coroners willingly cooperated with surgeons while others refused to do so, coming into conflict with particular transplanters whom they considered untrustworthy. This article examines how the phenomenon of “spare part” surgery challenged long-held conceptions of the coroner's role.

Freedom of Public Meeting in England Since 1914

1942 ◽  
Vol 36 (3) ◽  
pp. 516-525
Author(s):  
Dell G. Hitchner
Keyword(s):  
Civil Liberties ◽  
International Conflicts ◽  
English History ◽  
Total War ◽  
Personal Liberty ◽  
Public Meeting ◽  
Democratic State ◽  
Personal Rights ◽  
The Law ◽  
The Government

To refute the maxim silent leges inter arma is one of the modern challenges to a democracy at war. It is usually recognized that when a state is at war many of the rights of personal liberty normally enjoyed by its citizens must be limited to prevent interference with the prosecution of hostilities. In international conflicts having an ideological basis, such limitations, if too severe, produce a somewhat embarrassing dilemma for a democratic state. The requirements of total war may necessitate at home some of the very objectionable features of government which are to be overthrown elsewhere; yet to be too lenient with dissident groups can well be disastrous. At all events, the government hesitates so to act as to invite its citizens to ask: “To what purpose is a war in defense of democracy if it begins by ending the very liberties which a people are asked to defend against external aggression?” Nevertheless, war conditions are not alone responsible for altered conceptions of personal rights. Internal developments in peace-time may also create a need for changes in such rules; the law cannot remain constant when the conditions upon which it is based are being transformed. Within a twenty-five-year period in English history, two major wars, as well as a series of domestic emergencies, have produced conditions sufficiently serious to arouse substantial sentiment favoring restrictions on civil liberties. At the same time, however, other equally determined groups, whose position is strengthened by the increased popularity of democratic ideals, have sought to combat such restrictions. The events of the period examined show the nature and the result of this conflict.

scholarly journals Applied aspects of accounting the principle of the rule of law in system analysis and simulation of the state system of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 14-18
Author(s):  
V.F. Obolentsev
Keyword(s):  
Rule Of Law ◽  
Systems Engineering ◽  
System Analysis ◽  
Civil Liberties ◽  
System Engineering ◽  
The State ◽  
State System ◽  
The Rule Of Law ◽  
Stage Of Development ◽  
The Law

The rule of law is a fundamental principle of the legal sphere. Its assertion in the state institutions of democratic countries is an outstanding achievement of mankind. The implementation of this principle is the basis of civil society and civil liberties. The rule of law is the supremacy of law in society. The rule of law provides for its implementation in law-making and law enforcement activities. The manifestation of the rule of law is that the law is not limited to legislation as one of its forms, but also includes other social regulators (norms of morality, traditions, customs, etc., which are legitimized by society). All these elements of law are united by a quality that corresponds to ideology of justice – the idea of law, which is largely implemented in the Constitution of Ukraine. The first problem for the implementation of the principle of law in Ukraine is that this principle has not yet received the proper normative consolidation and official interpretation. The second problem is its extension to socio-economic rights and social benefits. The third problem is the insufficient level of legality in our state. The aim of the paper is to establish the peculiarities of implementation of the principle of the rule of law at the present stage of development of scientific and technological progress. The task of the paper is to investigate the peculiarities of implementation of the rule of law in the application of information and analytical technologies of system engineering in the legal sphere. In accordance with the experience of using information-analytical technologies of system engineering in the legal sphere, the paper outlines the peculiarities of implementation of the principle of the rule of law in the system analysis and modeling of the state system of Ukraine. The principle of the rule of law must be taken into account in such modeling as "governing circumstance". That is the resource according to which the state system of Ukraine functions. Our preliminary works give grounds to assert that information and analytical technologies of systems engineering are also a promising methodological tool for studying the principles of state building. The principle of the rule of law is the cornerstone of building a democratic state governed by the rule of law in Ukraine. Three years ago, scholars moved away from identifying the rule of law with the law-creating instruments.

scholarly journals Think Tanks In The Formation Of The Central Asian Vector Of British Foreign Policy

2021 ◽  
Vol 03 (06) ◽  
pp. 127-131
Author(s):  
Shakhnoza Akramjanovna Azimbayeva ◽  
Keyword(s):  
Decision Making ◽  
Twentieth Century ◽  
Foreign Policy ◽  
Great Britain ◽  
Central Asia ◽  
Think Tanks ◽  
Decision Making Process ◽  
Central Asian ◽  
British Foreign Policy ◽  
History Of

This article examines the role and place of British think tanks in the design and development of the country’s foreign policy towards the Central Asian region. This issue is studied in combination with an analysis of the history of the formation of British think tanks, the positions of these centers in relation to Central Asia in the early 90s of the twentieth century after the collapse of the USSR and the state of modern think tanks that study Central Asia and their influence on the decision-making process in Great Britain.

Estimation of illegal abortions

1969 ◽  
Vol 1 (3) ◽  
pp. 235-245 ◽  
Author(s):  
C. B. Goodhart
Keyword(s):  
Great Britain ◽  
Accurate Estimate ◽  
Mortality Statistics ◽  
Previous Conclusion ◽  
The Law ◽  
Opinion Polls

Figures published in the Hospital In-Patient Enquiry (1967), and also for a population of known size in Aberdeen, confirm a previous conclusion, derived primarily from mortality statistics, that currently accepted estimates of 100,000 illegal abortions in Great Britain each year before the Abortion Act 1967 came into operation are much exaggerated. A National Opinion Polls estimate of 31,000 is also regarded as too high, and the Aberdeen data suggest that the true figure probably did not exceed 20,000. It is important to arrive at an accurate estimate for the proper assessment of the demographic and other effects of the change in the law. The Registrar General's figures for legal terminations during the first months' operation of the Act are discussed in a postscript.

THE TEMPEST AND THE BRITISH IMPERIUM IN 1611

1998 ◽  
Vol 41 (2) ◽  
pp. 375-400 ◽  
Author(s):  
TRISTAN MARSHALL
Keyword(s):  
Twentieth Century ◽  
Great Britain ◽  
Early Modern ◽  
Literary Criticism ◽  
Historical Context ◽  
Early Modern Period ◽  
Historical Reconstruction ◽  
The Tempest ◽  
Modern Period ◽  
Proper Context

Recent moves by New Historicists to evaluate theatrical material from the early modern period have been at the expense of what historians would recognize as acceptable use of historical context. One of the most glaring examples of the dangers of taking a play out of such a proper context has been The Tempest. The play has had a great deal of literary criticism devoted to it, attempting to fit it into comfortable twentieth-century clothing in regard to its commentary on empire, at the expense of what the play's depiction of imperialism meant for the year 1611 when it was written. The purpose of this paper will therefore be to suggest that the play does not actually call into question the Jacobean process of colonization across the Atlantic at all, and suggests that of more importance for its audience would have been the depiction of the hegemony of the island nation of Great Britain as recreated in 1603. Such a historical reconstruction is helped through contrasting Shakespeare's play with the Jonson, Chapman, and Marston collaboration, Eastward Ho, as well as with the anonymous Masque of Flowers and Chapman's Memorable Masque. These works will be used to illustrate just what colonialism might mean for the Jacobean audience when the Virginia project was invoked and suggest that an American tale The Tempest is not.

Contract

2005 ◽  
Author(s):  
James Gordley
Keyword(s):  
Twentieth Century ◽  
Legal System ◽  
Common Law ◽  
Contract Law ◽  
Legal Method ◽  
Legal Problems ◽  
Early Twentieth Century ◽  
The Will ◽  
The Law

‘Classical’ contract law was built on a substantive premise about contract law and two premises about legal method. The substantive premise was voluntaristic: the business of contract law is to enforce the will or choice of the parties. The first methodological premise was positivistic: the law is found, implicitly or explicitly, in the decisions of common law judges. The second methodological premise was conceptualistic: the law should be stated in general formulas which can be tested by their coherence. Finally, ‘classical’ contract law reflected an attitude about how best to steer a course — as every legal system must — between strict rules and equitable considerations. Since the early twentieth century, classical contract law has been breaking down. Allegiance to its premises has weakened as has the preference for rigor. At the same time, scholars have found classical law to be inconsistent even in its own terms. Nevertheless, much of it has remained in place faute de mieux while contemporary jurists have tried to see what is really at stake in particular legal problems. This article describes their work.

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