Rettsvitenskap

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law.Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Russia was expelled from the Council of Europe (CoE) after 26 years following the invasion of Ukraine. This timely and in-depth analysis explores Russia's tumultuous relationship with the CoE/ECHR institutions. It examines Russia's membership record and the profound impacts of its expulsion for Europe's human rights system. The authors provide valuable insights for future policy to safeguard the integrity of international human rights institutions. The book fills an important gap in legal scholarship by exploring the legality and legitimacy of its membership and expulsion, and represents a key reference in understanding the challenge of protecting human rights in the face of rising authoritarianism.

Praise for previous editions of PUBLIC HEALTH LAW AND ETHICS: "Public Health Law: Power, Duty, Restraint does not disappoint. It presents not only a comprehensive overview of public health law but also a compelling case for why it is more vital than ever in our modern world."--Margaret Hamburg, former U.S. Commissioner of Food and Drugs "No one has done more to map the conceptual and practical issues that must be engaged to translate a vision of public health into workable principles and strategies. Since its first edition, Public Health Law has brought defining clarity and insight to the field. Lawrence Gostin and Lindsay Wiley together add to the texture, context, and guidance for securing the legal foundation of policies that will enhance our health futures."--J. Michael McGinnis, MD, MPP, and Senior Scholar at the Institute of Medicine of the National Academies

Considers the constitutional consequences of Brazil's determination to deal with corruption against the backdrop of its worst democratic crisis of the last 35 years.