Decision at Strasbourg

Decision at Strasbourg

Author: David P Colley

Publisher:

Published: 2021-06-15

Total Pages: 288

ISBN-13: 9781682476444

DOWNLOAD EBOOK

Decision at Strasbourg relates the remarkable and largely unknown story of Lt. General Jacob Devers' lost opportunity to launch a bold attack into the heart of Nazi Germany, which may have won the European war in late 1944, six months before Victory-over-Europe (V-E) Day in May 1945.


Book Synopsis Decision at Strasbourg by : David P Colley

Download or read book Decision at Strasbourg written by David P Colley and published by . This book was released on 2021-06-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Decision at Strasbourg relates the remarkable and largely unknown story of Lt. General Jacob Devers' lost opportunity to launch a bold attack into the heart of Nazi Germany, which may have won the European war in late 1944, six months before Victory-over-Europe (V-E) Day in May 1945.


Decision at Strasbourg

Decision at Strasbourg

Author: David Colley

Publisher: Ausa

Published: 2008

Total Pages: 288

ISBN-13:

DOWNLOAD EBOOK

This title explores what might have occured had Ike allowed Devers to cross the Rhine. The author cites the opinions of many high-ranking generals that the attack would have been a bold and likely successful manoeuvre that might have ended the war earlier and saved thousands of American lives.


Book Synopsis Decision at Strasbourg by : David Colley

Download or read book Decision at Strasbourg written by David Colley and published by Ausa. This book was released on 2008 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title explores what might have occured had Ike allowed Devers to cross the Rhine. The author cites the opinions of many high-ranking generals that the attack would have been a bold and likely successful manoeuvre that might have ended the war earlier and saved thousands of American lives.


Final Judgment

Final Judgment

Author: Alan Paterson

Publisher: Bloomsbury Publishing

Published: 2013-11-20

Total Pages: 366

ISBN-13: 1782252789

DOWNLOAD EBOOK

Winner of the Inner Temple book prize 2015 and the Socio-Legal Studies Association Book prize 2014/15 The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before...The remarkable width and depth of his examination...has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court


Book Synopsis Final Judgment by : Alan Paterson

Download or read book Final Judgment written by Alan Paterson and published by Bloomsbury Publishing. This book was released on 2013-11-20 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Inner Temple book prize 2015 and the Socio-Legal Studies Association Book prize 2014/15 The House of Lords, for over 300 years the UK's highest court, was transformed in 2009 into the UK Supreme Court. This book provides a compelling and unrivalled view into the workings of the Court during its final decade, and into the formative years of the Supreme Court. Drawing on over 100 interviews, including more than 40 with Law Lords and Justices, and uniquely, some of their judicial notebooks, this is a landmark study of appellate judging 'from the inside' by an author whose earlier work on the House of Lords has provided a scholarly benchmark for over 30 years. The book demonstrates that appellate decision-making in the UK's final court remains a social and collective process, primarily because of the dialogues which take place between the judges and the key groups with which they interact when reaching their decisions. As the book shows, the forms of dialogue are now more varied, yet the most significant dialogues continue to be with their fellow Law Lords and Justices, and with counsel. To these, new dialogues have been added, namely those with foreign courts (especially Strasbourg) and with judicial assistants, which have subtly altered the tenor and import of their other dialogues. The research reveals that, unlike the English Court of Appeal, the House of Lords in its last decade was only intermittently collegial since Lord Bingham's philosophy of appellate judging left opinion writing, concurrences and dissents largely to individual preference. In the Supreme Court, however, there has been a marked shift to team working and collective decision-making bringing with it challenges and occasional tensions not seen in the final years of the House of Lords. The work shows that effectiveness in group-decision making in the final court turns in part on the stages when dialogues occur, in part on the geography of the court and in part on the task leadership and social leadership skills of the judges involved in particular cases. The passing of the Human Rights Act and the expansion in judicial review over the last 30 years have dramatically altered the two remaining dialogues - those with Parliament and with the Executive. With the former, the dialogue has grown more distant, with the latter, more problematic, than was the case 40 years ago. The last chapter rehearses where the changing dialogues have left the UK's final court. Ironically, despite the oft applauded commitment of the new Court to public visibility, the book concludes that even greater transparency in the dialogue with the public may be required. 'The way appellate judges at the highest level behave to each other, to counsel, with other branches of government and with other courts is brought under closer scrutiny in this book than ever before...The remarkable width and depth of his examination...has resulted in a work of real scholarship, which all those who are interested in how appellate courts work all over the common law world will find especially valuable.' From the foreword by Lord Hope of Craighead KT 'Alan Paterson's knowledge and interest in the Supreme Court, coupled with his expertise as a lawyer who understands the legal system and the judicial process, make him a perfect chronicler and assessor of what the Court's role is and what it should be, and how it functions and how it might improve.' Lord Neuberger, President of the Supreme Court


Civil Liberties and Human Rights

Civil Liberties and Human Rights

Author: Helen Fenwick

Publisher: Routledge

Published: 2009-06-02

Total Pages: 1724

ISBN-13: 1135329230

DOWNLOAD EBOOK

This book is a detailed, thought-provoking and comprehensive text that is valuable not only for students but also for all those interested in the development of civil liberties in the Human Rights Act era


Book Synopsis Civil Liberties and Human Rights by : Helen Fenwick

Download or read book Civil Liberties and Human Rights written by Helen Fenwick and published by Routledge. This book was released on 2009-06-02 with total page 1724 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a detailed, thought-provoking and comprehensive text that is valuable not only for students but also for all those interested in the development of civil liberties in the Human Rights Act era


The Siege of Strasbourg

The Siege of Strasbourg

Author: Rachel Chrastil

Publisher: Harvard University Press

Published: 2014-04-08

Total Pages: 319

ISBN-13: 0674416287

DOWNLOAD EBOOK

When war broke out between France and Prussia in the summer of 1870, one of the first targets of the invading German armies was Strasbourg. From August 15 to September 27, Prussian forces bombarded this border city, killing hundreds of citizens, wounding thousands more, and destroying many historic buildings and landmarks. For six terror-filled weeks, "the city at the crossroads" became the epicenter of a new kind of warfare whose indiscriminate violence shocked contemporaries and led to debates over the wartime protection of civilians. The Siege of Strasbourg recovers the forgotten history of this crisis and the experiences of civilians who survived it. Rachel Chrastil shows that many of the defining features of "total war," usually thought to be a twentieth-century phenomenon, characterized the siege. Deploying a modern tactic that traumatized city-dwellers, the Germans purposefully shelled nonmilitary targets. But an unintended consequence was that outsiders were prompted to act. Intervention by the Swiss on behalf of Strasbourg's beleaguered citizens was a transformative moment: the first example of wartime international humanitarian aid intended for civilians. Weaving firsthand accounts of suffering and resilience through her narrative, Chrastil examines the myriad ethical questions surrounding what is "legal" in war and what rights civilians trapped in a war zone possess. The implications of the siege of Strasbourg far exceed their local context, to inform the dilemmas that haunt our own age--in which collateral damage and humanitarian intervention have become a crucial part of our strategic vocabulary.


Book Synopsis The Siege of Strasbourg by : Rachel Chrastil

Download or read book The Siege of Strasbourg written by Rachel Chrastil and published by Harvard University Press. This book was released on 2014-04-08 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: When war broke out between France and Prussia in the summer of 1870, one of the first targets of the invading German armies was Strasbourg. From August 15 to September 27, Prussian forces bombarded this border city, killing hundreds of citizens, wounding thousands more, and destroying many historic buildings and landmarks. For six terror-filled weeks, "the city at the crossroads" became the epicenter of a new kind of warfare whose indiscriminate violence shocked contemporaries and led to debates over the wartime protection of civilians. The Siege of Strasbourg recovers the forgotten history of this crisis and the experiences of civilians who survived it. Rachel Chrastil shows that many of the defining features of "total war," usually thought to be a twentieth-century phenomenon, characterized the siege. Deploying a modern tactic that traumatized city-dwellers, the Germans purposefully shelled nonmilitary targets. But an unintended consequence was that outsiders were prompted to act. Intervention by the Swiss on behalf of Strasbourg's beleaguered citizens was a transformative moment: the first example of wartime international humanitarian aid intended for civilians. Weaving firsthand accounts of suffering and resilience through her narrative, Chrastil examines the myriad ethical questions surrounding what is "legal" in war and what rights civilians trapped in a war zone possess. The implications of the siege of Strasbourg far exceed their local context, to inform the dilemmas that haunt our own age--in which collateral damage and humanitarian intervention have become a crucial part of our strategic vocabulary.


Democratic Dialogue and the Constitution

Democratic Dialogue and the Constitution

Author: Alison L. Young

Publisher: Oxford University Press

Published: 2017

Total Pages: 336

ISBN-13: 0198783744

DOWNLOAD EBOOK

Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts - dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy, with most theories of legal and political constitutionalism combining legal and political protections, as well as providing an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism in terms of the assumptions on which it is based and the questions it asks. It focuses on analysing mechanisms of inter-institutional interactions, and assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution. This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court-court dialogue between the UK court, the European Court of Justice, and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.


Book Synopsis Democratic Dialogue and the Constitution by : Alison L. Young

Download or read book Democratic Dialogue and the Constitution written by Alison L. Young and published by Oxford University Press. This book was released on 2017 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts - dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy, with most theories of legal and political constitutionalism combining legal and political protections, as well as providing an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism in terms of the assumptions on which it is based and the questions it asks. It focuses on analysing mechanisms of inter-institutional interactions, and assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution. This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court-court dialogue between the UK court, the European Court of Justice, and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.


Defendant Participation in the Criminal Process

Defendant Participation in the Criminal Process

Author: Abenaa Owusu- Bempah

Publisher: Taylor & Francis

Published: 2016-10-04

Total Pages: 200

ISBN-13: 1317664698

DOWNLOAD EBOOK

Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.


Book Synopsis Defendant Participation in the Criminal Process by : Abenaa Owusu- Bempah

Download or read book Defendant Participation in the Criminal Process written by Abenaa Owusu- Bempah and published by Taylor & Francis. This book was released on 2016-10-04 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.


Eisenhower and Berlin, 1945

Eisenhower and Berlin, 1945

Author: Stephen E. Ambrose

Publisher: W. W. Norton & Company

Published: 2000

Total Pages: 134

ISBN-13: 9780393320107

DOWNLOAD EBOOK

Historian Ambrose studies the political and military aspects of Eisenhower's decision to leave Berlin to the Russian army in the waning days of the European War.


Book Synopsis Eisenhower and Berlin, 1945 by : Stephen E. Ambrose

Download or read book Eisenhower and Berlin, 1945 written by Stephen E. Ambrose and published by W. W. Norton & Company. This book was released on 2000 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historian Ambrose studies the political and military aspects of Eisenhower's decision to leave Berlin to the Russian army in the waning days of the European War.


The Safest Shield

The Safest Shield

Author: Igor Judge

Publisher: Bloomsbury Publishing

Published: 2015-11-19

Total Pages: 467

ISBN-13: 1509901906

DOWNLOAD EBOOK

This selection of lectures, essays and speeches by Lord Judge, nearly all written when he was Lord Chief Justice of England and Wales, brings together his analysis of a wide range of topics which underpin the administration of justice and the rule of law. Apart from a few personal reflections, the discussion ranges from the development of our constitutional arrangements to matters of continuing constitutional uncertainty, with observations about different aspects of the court process and the discharge of judicial responsibilities. Based on Lord Judge's experience in the law and a deep interest in history, this selection offers sometimes uncomfortable, sometimes amusing, but always stimulating reading, and will provoke thoughtful reflection on and better understanding of the arrangements by which we are governed and the practical application of the rule of law.


Book Synopsis The Safest Shield by : Igor Judge

Download or read book The Safest Shield written by Igor Judge and published by Bloomsbury Publishing. This book was released on 2015-11-19 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: This selection of lectures, essays and speeches by Lord Judge, nearly all written when he was Lord Chief Justice of England and Wales, brings together his analysis of a wide range of topics which underpin the administration of justice and the rule of law. Apart from a few personal reflections, the discussion ranges from the development of our constitutional arrangements to matters of continuing constitutional uncertainty, with observations about different aspects of the court process and the discharge of judicial responsibilities. Based on Lord Judge's experience in the law and a deep interest in history, this selection offers sometimes uncomfortable, sometimes amusing, but always stimulating reading, and will provoke thoughtful reflection on and better understanding of the arrangements by which we are governed and the practical application of the rule of law.


The EU Accession to the ECHR

The EU Accession to the ECHR

Author: Vasiliki Kosta

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 704

ISBN-13: 1782254471

DOWNLOAD EBOOK

Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.


Book Synopsis The EU Accession to the ECHR by : Vasiliki Kosta

Download or read book The EU Accession to the ECHR written by Vasiliki Kosta and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.