Comparative law Books

Book SynopsisThis thoughtfully edited volume explores the operation of equality and discrimination law in times of crisis. It aims to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this contingency. Experience during the COVID-19 crisis shows that the pandemic has acted as a catalyst for ''exponential inequalities'' related to racism, xenophobia, sexism, homophobia, transphobia, ageism, and ableism. Yet, the field of equality law (which is meant to be addressing such discrimination or inequality) has had little immediate relevance in mitigating these exponential inequalities. This is despite the fact that countries like the UK have a rather recent and state-of-the-art legislation in the field, namely the Equality Act 2010. Exponential Inequalities offers readers an understanding of how these inequalities came to be and how crises such as the global pandemic, the climate emergency, or the economic downturn, can exacerbate an already untenable situation. It illuminates both the structural and the conceptual, as well as the practical and doctrinal difficulties currently experienced in equality law, and discusses whether or not equality law even has the tools to both understand and then address this contingency. Written by a team of internationally recognized experts, Exponential Inequalities provides a comparative perspective on the functioning of equality laws across a range of contexts and jurisdictions and represents an essential read for scholars and policy makers alike.Trade ReviewIt is an informative and meaningful read for students, scholars and policy makers who are seeking to address inequalities. * Shaid Parveen, Associate Dean for Enterprise and External Engagement and Senior Teaching Fellow, Aston University. *Table of ContentsDavid B. Oppenheimer: Foreword 1: Shreya Atrey and Sandra Fredman: Introduction - Exponential Inequalities: What Can Equality Law Do? I. UNDERSTANDING EXPONENTIAL INEQUALITIES 2: Aleta Sprague, Amy Raub, and Jody Heymann: Protecting Workers' Equal Rights During Crisis and Recovery: Constitutional Approaches in 193 Countries 3: Diane Elson and Marion Sharples: Addressing Intersecting Inequalities Through Alternative Economic Strategies 4: Aaron Reeves, Kate Andersen, Mary Reader, and Rosalie Warnock: Social Security, Exponential Inequalities, and COVID-19: How Welfare Reform in the UK Left Larger Families Exposed to the Scarring Effects of the Pandemic 5: Meghan Campbell: The Proportionality of an Economic Crisis 6: Kelley Loper: Intersecting Crises and Exponential Inequalities: The View from Hong Kong II. ADDRESSING EXPONENTIAL INEQUALITIES Section A: Comparative and International Law 7: Colm O'Cinneide: New Directions Needed: Exponential Inequalities and the Limits of Equality Law 8: Mark Bell: More than an Afterthought? Equality Law in Ireland During the Pandemic 9: Jessica A Clarke: A Public Policy Approach to Inequality 10: Beth Gaze: Responding to Exponential Inequalities in Australia: Beyond the Limits of Equality and Discrimination Law 11: Helena Alviar García: The Interaction of Laws Enabling Gender Equality with Other Legal Regimes: Limiting Progress in Times of Crisis 12: Catherine O'Regan: Equal Access to Vaccines: Exposing the Limits of International Human Rights Law? Section B: Vulnerable Groups 13: Alysia Blackham: A Life Course Approach to Addressing Exponential Inequalities: Age, Gender, and COVID-19 14: Anna Lawson and Lisa Waddington: Disability in Times of Emergency: Exponential Inequality and the Role of Reasonable Accommodation Duties 15: Jule Mulder: Remote Working, Working from Home and EU Sex-Discrimination Law 16: Marta Machado and Taís Penteado: COVID-19 and Exponential Reproductive Rights-related Inequalities in Brazil 17: Aparna Chandra: A Life of Contradictions: Group Inequality and Socio-Economic Rights in the Indian Constitution 18: Victoria Miyandazi: An Equality-Sensitive Approach to Delivering Socio-Economic Rights During Crises: A Focus on Kenya 19: Catherine Albertyn: The Role of Equality Law in Expanding Access to Social Goods and Services in South Africa: Lessons after the Pandemic

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Book SynopsisThe book provides an account of the uncertainty problem that arises in tort litigation. It examines the existing doctrinal solutions of the problem, as evolved in England, the US, Canada, and Israel, and also offers a number of original solutions. The book combines the traditional doctrinal depiction of the law with general theoretical insights.Trade Review... an exceptionally lucid, challenging and innovative book about an important legal topic ... succinct and excellently structured text ... Porat and Stein's admirable text is one so timely, well expressed and ambitious in its aim that no scholar working in the field can afford not to read it carefully and address its thesis with determination. * Modern Law Review, March 2003 *Table of ContentsIntroduction ; 1. Liability Under Uncertainty: Allocating the Risk of Error ; 2. The Tension Between the Burden of Proof and Tort Law Objectives ; 3. Res Ipsa Loquitur ; 4. Risk as Damage ; 5. Collective Liability ; 6. Liability Under Uncertainty: Making Evidential Damage Actionable ; 7. The Evidential Damage Doctrine: Applications and Evaluation

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Book SynopsisMethodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.Table of ContentsThilo Kuntz and Paul B. Miller: Introduction I - Methodology in Private Law Theory: General Perspectives 1: Marietta Auer: A Genealogy of Private Law Epistemologies 2: Johanna Croon-Gestefeld: Exploring the Paradigms of Private Law 3: Andrew S. Gold: When Private Law Theory is Close Enough 4: Felipe Jiménez: Understanding Private Law 5: Thilo Kuntz: Against Essentialism in Private Law: Private Law as an Artifact Kind II - New Private Law and Rechtsdogmatik: Formalism and Conceptualism in Private Law Theory 6: Ino Augsberg: In Defence of Ambiguity: Towards a Shandean Way for Legal Methodology 7: Christian Bumke and Fritz Schäfer: The Nature and Value of Conceptual Legal Scholarship 8: Nils Jansen: The Point of View of Doctrinal Legal Science 9: Paul B. Miller: Formalism, Legality, and the Rule of Law 10: Jeffrey A. Pojanowski: Private Law Formalism and Jurisprudential Method 11: W. Bradley Wendel: How Can You Have Law Without Lawyers? Legal Formalism, Legality, and the Law Governing Lawyers III - Empirical, Philosophical, and Normative Approaches to Private Law Theory 12: John C.P. Goldberg and Benjamin C. Zipursky: The Place of Philosophy in Private Law Scholarship 13: Lorenz Kähler: The Minimal Morality of Private Law 14: Larissa Katz: Rights Without Standing: On the Nature of Equitable Rights 15: Paul Krell: The Critical Potential of Doctrinal Analysis 16: Kevin Tobia: Private Law Theory from an Empirical Perspective

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Book SynopsisBringing together experts from across the world, this book analyses the impact of CJEU case law after the now invalidated Data Retention Directive. It provides a critical assessment of legal and policy developments, as well as reflections on the potential future for data retention regulation in the European Union and beyond.

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Book SynopsisFoundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

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Book SynopsisThe Routledge Handbook of Comparative Territorial Autonomies affords a comprehensive, pioneering and interdisciplinary survey of this emerging field. Moving beyond traditionally narrower engagements with the subject, it combines approaches to comparative law and comparative politics to provide an authoritative guide to the principal theoretical and empirical topics in the area. Bringing together a team of cutting-edge scholars from different disciplines and continents, the volume illuminates the latest thinking and scholarship on comparative territorial autonomies.This Handbook is an authoritative, essential reference text for students, academics and researchers in its field. It will also be of key interest to those in the fields of comparative politics, comparative law, local/regional government, federalism, decentralisation and nationalism, as well as practitioners in think tanks, NGOs and international governmental organisations.Trade Review"At a moment when the nation-state is trying to both reassert itself and resist challenges to undermine it, this edited collection is timely. It offers a holistic assessment of the political, legal and social aspects of territorial autonomy, and a new and positive direction of scholarship that establishes a strong theoretical framework, effectively complemented by a diverse and rich range of case studies. It is an important work that should be read and used as a springboard for further inquiry."Peter Clegg, University of the West of England, UK"Eschewing the usual methodological nationalism, this Handbook combines comparative law and comparative politics approaches to present an original theoretical and conceptual framework and several engaging case studies of territorial autonomies. The volume nicely succeeds in providing a rich panoply of current debates and comparative information on all these specific political entities at the substate level. The Handbook will certainly promote an emerging research agenda and will be a worthwhile read for academics and researchers interested in the fields of regional government and nationalism and self-determination, but also for practitioners and decision-makers concerned with issues of diversity management and substate institution-building."César Colino, The National University of Distance Education, Spain"By addressing the key concepts and drawing on such a rich store of material, this original work will be a valuable resource for scholars of constitutional law and politics, federalism and the management of territorial diversity."Michael Keating, University of Aberdeen, UKTable of ContentsIntroduction, 1. What are Territorial Autonomies and Why the Handbook?, Part 1: Theories and approaches, 2. Constitutional Frameworks of Territorial Autonomies: Global Legal Observations, 3. Territorial Autonomies as a Form of Self-Determination: The Legal Right to Internal Self-Determination, 4. Territorial or Non-Territorial Autonomy: The Tools for Governing Diversity, 5. Autonomous Belonging: The Politics of Stateless Nationalism, 6. Societal Minorities and Legislatures in Territorial Autonomies: A Critical Introduction, 7. Electoral and Party Politics in Territorial Autonomies: Dynamics Between State and Peripheral Parties, Part 2: Case studies, 8. Åland Islands: 100 Years of Stability, 9. Aceh: Fading Autonomy, 10. Basques: History and Autonomy, 11. Catalonia: From Autonomy to Self-Determination, 12. Gibraltar: Democracy Without Decolonisation, 13. Greenland: Autonomy in the Arctic Region, 14. Guam: The Place Where America’s Day Begins, 15. Hong Kong: Autonomy in Crisis, 16. Jammu and Kashmir: Contested Autonomy, 17. Macao: Undemocratic Autonomy in Harmony, 18. Northern Ireland: A Place Apart?, 19. Quebec: From Autonomism to Sovereignism, and Back Again, 20. Scotland: A Distinct Political Community in the United Kingdom, 21. Sarawak: Quest for Autonomy, 22. Sabah: Autonomy and Integration within the Malaysian Federation, 23. South Tyrol: From Conflict to Consociationalism, 24. Tatarstan: A Landlocked Republic, Conclusion, 25. Rethinking Territorial Autonomies: Towards Transcontinental Comparative Political Studies

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Book SynopsisThis handbook provides a toolbox of definitions and typologies to develop a theory of multilevel constitutionalism and subnational constitutions. The volume examines systems with subnational entities that have full subnational constituent autonomy and systems where subnational constituent powers, while claimed by subnational governments, are incomplete or non-existent. Understanding why complete subnational constituent power exists or is denied sheds significant light on the status and functioning of subnational constitutions. The book deals with questions of how constitutions at multiple levels of a political system can co-exist and interact. The term multilevel constitutionalism', recognized as explaining how a supranational European constitution can exist alongside those of the Member States, is now used to capture dynamics between constitutions at the national, subnational and, where applicable, supranational levels. Broad in scope, the book encompasses many different typTable of Contents Subnational Constitutionalism: Defining subnational constitutions and self-constituent capacity Subnational Constitutionalism in Argentina: Provincial autonomy in a uninational federation Subnational Constitutionalism in Australia: State autonomy in a uninational federation Subnational Constitutionalism in Austria: The pluralisation of homogeneity Subnational constitutionalism in Belgium: A matter of abstained maturity Subnational Constitutionalism in Bosnia and Herzegovina: Towering sub-national autonomy and a loose clamp of the central level to all intents and purposes Subnational Constitutionalism in Brazil: The space of state constitutions for improving Brazilian federalism Subnational Constitutionalism in Canada: A hysteretic approach to distinctive constitutional identities Subnational Constitutionalism in Ethiopia: Constitutional déjà vu Subnational Constitutionalism in Germany: Constitutional autonomy, unitarian federalism, and intertwined policy-making Subnational Constitutionalism in India: Subnational constitutionalism or constitution within the constitution? Subnational Constitutionalism in Italy: Unfulfilled Expectations? Subnational Constitutionalism in Malaysia: Weak states in a strong federation Subnational Constitutionalism in Mexico: Medium state autonomy in a centralized federation Subnational Constitutionalism in South Africa: An empty promise Subnational constitutionalism in Spain: Confluence of wills in a basic institutional norm Subnational Constitutionalism in Switzerland: A sleeping beauty awaiting to be kissed Subnational Constitutionalism in the United Kingdom: Constitutional statutes within the context of an uncodified constitution Subnational Constitutionalism in the United States: Powerful states in a powerful federation Conclusion: Nine hypotheses to explain variation in subnational constitutional autonomy

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Book SynopsisThis volume offers a diverse set of perspectives on transnational crime. Providing a wide-ranging overview of the legal and policy issues that arise in connection with various forms of transnational crime, the authors outline the criminal justice responses adopted across different jurisdictions. Including contributions from high profile Chinese and European academics and practitioners across a variety of disciplines and methodological backgrounds, the authors address some of the hitherto underexplored issues related to transnational crime. These range from trafficking in cultural objects derived from illicit metal-detecting and metal-detecting tourism in China to the European approaches to criminalising the denial of historical truth. The central theme of the book is that useful lessons can be drawn from each other's experiences, and that a cross-fertilisation of domestic approaches to transnational crime is essential to effective cooperation.This book will be of usTable of Contents1. Introduction 2. The Global Governance of Transnational Crime: Implications for Justice and The Rule of Law Money Laundering, Terrorist Financing and Cybercrime 3. Introduction to Anti-Money Laundering Regulations in China: Institutions, Legal Framework and Practices 4. Acts of Charity and Acts of Terrorism: Regulation and Prosecution 5. On the Improvement of Criminal Legislation and Criminal Policy to Deter Cross-Border Money Laundering in China 6. Transnational Cybercrime and Cybercrime by Transnational Organisations Art Crime and Historical Memory 7. Paint It Black": "Simple" and Increasingly "Professional" Looting of Antiquities with Metal Detectors in East Asia 8. From Canvas to Ashes: Understanding the Implications of the Westfries Museum and Kunsthal Thefts for the Dutch Art World 9. Expression Crimes and the Creation and Protection of Historical Memory by Means of Criminal Law Comparative Perspectives on Corruption and Financial Crime 10. Relocating Bribery: Facilitation Payments as a Crime Against the Market? 11. Credit Card Fraud in Chinese Criminal Law 12. China’s Legal Framework and Challenges of the Freezing, Seizure And Confiscation Of Financial Crime Proceeds Environmental Crime 13. Targeting Transnational Environmental Crime Through a Multifaceted Approach: Towards an Inclusive Governance of Serious Threats to Sustainable Development 14. Preventing Illicit Waste-Exports from the Netherlands to China 15. Motivators for IUU Fishing in the Indo-Pacific

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Book SynopsisCourts around the world regularly issue rulings on the socioeconomic rights of citizens, but the impact of these decisions varies widely. This book compares the experiences of two very assertive high courts in Colombia and Argentina to examine the differing impacts of landmark socioeconomic rights decisions.Trade Review'Courts that Matter is the best book on judicial impact I've read in some time. Botero's key empirical contribution is to highlight the use of monitoring mechanisms and collaborative oversight arenas by courts seeking to avoid some longstanding pitfalls facing effective implementation of their decisions. The book's theoretical contribution is even more ambitious. Botero shows that at their best, judicial institutions sometimes collaborate with other key actors in the state and civil society to foster increased attention to, and deliberation about, entrenched practices of rights violation. Rather than displacing democratic politics from the outside, court decisions sometimes create new political spaces in which democratic politics can proceed.' Thomas Moylan Keck, Michael O. Sawyer Chair of Constitutional Law and Politics, Syracuse University Maxwell School of Citizenship and Public Affairs'Courts That Matter is a must read for anyone interested in the big 'so what?' question of judicial politics: Do landmark court judgments make a difference in practice? – and, if so, when? and how? Through rigorous analysis of iconic judgments, Botero brings out their multidimensional influence on larger processes of change, and convincingly argues that monitoring mechanisms and legally empowered civil society organizations are significant in coproducing impact.' Siri Gloppen, Professor of Comparative Politics and Founding Director, Centre on Law & Social Transformation, University of Bergen'This insightful study offers a careful and detailed comparative analysis of when and how courts can make a difference in complex socioeconomic rights cases. This is a must read for anyone interested in how rights can have an impact on the ground.' David Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of Law'In Courts that Matter, Sandra Botero squarely faces the challenging question of when and how these non-elected, non-representative political actors become effective agents of social change. Botero convincingly shows that whereas courts have 'neither purse nor sword' they do have much more than 'merely judgement'. After rendering decisions in socioeconomic rights, courts can deploy a series of oversight mechanisms that help coordinate advocacy organizations and political actors to turn them into real social transformation. A series of well-crafted and engaging analyses of courts' decisions in Argentina, Colombia, and India provide compelling evidence of the argument and shed light on its nuances. Courts that Matter is a great resource for social scientists, legal scholars, activists, and judges alike.' Julio Ríos-Figueroa, Professor of Political Science and Law, ITAM, Mexico City'Courts have become central actors in some democracies of the Global South. This book specifies the social and institutional mechanisms that have made this phenomenon possible. Sandra Botero makes a fundamental contribution to understanding the long-standing debate on the ability of judges to bring about significant social and political change through their decisions.' Mauricio García Villegas, Professor of Politics and International Relations, National University of ColombiaTable of Contents1. Introduction; 2. Co-producing judicial impact; 3. Collaborative oversight arenas; 4. Assessing the effects of monitoring mechanisms and legal constituencies; 5. Low impact cases; 6. Collaborative Monitoring in India; 7. Conclusions; 8. Appendices.

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Book SynopsisThis volume describes and critically analyzes the international and regional frameworks of trademark law. A valuable resource for scholars, practitioners, and policy-makers, the book also provides comparative perspectives on substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names.Trade Review'With brands assuming ever greater importance and value in the global market, this work is a much needed, comprehensive and insightful contribution from leading global experts.' Francis Gurry, Director General, World Intellectual Property Organization'Trademark law, and its policy underpinnings, are experiencing an unprecedented period of dynamism and diversity; this substantial volume meets the consequent need for an authoritative and systematic survey of this brisk evolution, internationally and in key national jurisdictions.' Antony Taubman, Director, Intellectual Property, Government Procurement and Competition Division, World Trade Organization'All regions of the world continue to promote brand protection to enhance the value of goods and services for economic development. This book is a remarkable resource for diverse stakeholders, including users, policy makers, lawyers and academics.' Fernando dos Santos, Director General, African Regional Intellectual Property Organization (ARIPO)'Just from looking at the table of contents - and, even more, the list of contributors - one knows that this is a must-read book for anyone practicing or writing in the field of trade mark law.' Sir Robin Jacob, Hugh Laddie Professor of IP Law, University College London'Comprising a pantheon of leading specialists on trademark law from around the world, this Handbook is by far the most comprehensive and important collection of commentary on international and comparative trademark law yet produced.' Barton Beebe, John M. Desmarais Professor of Intellectual Property Law, NYU School of Law'A truly useful resource for lawyers, policy makers and academics, this volume offers a highly relevant and up-to-date collection in the field. The editors have assembled a stellar group of authors, who masterfully discuss complex issues from many jurisdictions.' Alexander von Mühlendahl, Attorney-at-Law, Bardehle Pagenberg, and Visiting Professor, Queen Mary University of LondonTable of ContentsPart One. International Aspects of Trademark Protection; Part Two. Comparative Perspectives on Trademark Protection; Part II.

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Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 201 contains the 2019 judgement on preliminary objections of International Court of Justice in Certain Iranian Assets (Iran v. United States), 2020 judgement of Inter-American Court of Human Rights in the Lhaka Honhat v. Argentina case, and 2021 judgement of the United Kingdom Supreme Court in General Dynamics UK Ltd v. Libya.Table of Contents1. Certain Iranian Assets (Islamic Republic of Iran v. United States of America); 2. Hossou and Adelakoun v. Republic of Benin; 3. Commissaire Général aux Réfugiés et aux Apatrides v. Mostafa Lounani; 4. Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina; 5. International Bank for Reconstruction and Development (IBRD) Court Fees Case; 6. Regina (Akarcay) v. Chief Constable of West Yorkshire Police; 7. Local Authority B v. X, V and T; 8. London Borough of Barnet v. AG and Others and Secretary of State for Foreign, Commonwealth and Development Affairs; 9. Houghton v. USA; 10. General Dynamics United Kingdom Ltd v. State of Libya.

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Book SynopsisThis book examines the Colombian experiment with robust rights protections and traces how those rights came to be meaningful in citizens' everyday lives, allowing them to claim access to goods like healthcare. It develops a novel approach to legal mobilization that is both relational and interactive.Trade Review'Taylor's excellent book details how rights, etched into the surface of a society and its politics through inclusion in a constitutional text, slowly begin to sink down and structure interactions among citizens, the relationship between citizens and the state, and the state itself. Using extensive fieldwork and original data from Colombia and South Africa, Taylor shows how legal mobilization moves this process along – a process she describes as the social and legal embedding of the constitution. The book fills an important gap in constitutional studies by addressing the transition from rights on paper to rights in action.' Daniel M. Brinks, University of Texas at Austin'The Social Constitution describes the process through which social rights transit from the constitutional text to the core of the normative and empirical expectations of regular citizens, judges, and sociopolitical actors. Cycles of legal claim-making and judicial receptivity to demands of healthcare or housing breathe life into constitutional rights, progressively weaving the social fabric. Because the success of these processes is contingent and by no means assured, The Social Constitution insightfully identifies the conditions that make it more likely. Combining clear conceptualization, straightforward arguments, and careful in-depth empirical analysis on Colombia, Whitney Taylor's book is an outstanding contribution to one of the fundamental issues in constitutional theory, judicial politics, and sociolegal analysis.' Julio Ríos-Figueroa, ITAM (Mexico City)'The Social Constitution is a brilliant, important contribution to the scholarship on legal mobilization, institutional innovation, and social change. Professor Taylor offers a theoretically sophisticated argument analyzing legal arrangements that are practical, democratic alternatives to neoliberalism in and beyond the Global South. The project is anchored in compelling bottom-up empirical research attentive to both the positive possibilities and vexing constraints of embedded law for advancing social justice. Highly recommended!' Michael McCann, University of Washington'Whitney Taylor is emerging as a leading thinker in a new wave of scholarship on law and courts. In The Social Constitution, she draws on a wealth of data to carefully unpack the social and legal dimensions of the embedding of social constitutional rights. Moving beyond the field's traditional focus on countries in the Global North and an emphasis on civil and political rights, Taylor sheds new light on how and why constitutions matter.' Lisa Vanhala, University College London'In this uncommonly elegant book, Whitney Taylor single-handedly reframes our understanding of the social welfare promises found in many of the world's constitutions, showing with rich and subtle data that rights to healthcare, housing, clean water, and so much more have the potential to become real in the lives of ordinary people when supported from below by ongoing litigation, and from above by receptive judicial rulings. A compelling analysis, brimming with important ideas, and powerfully supported with a range of evidence.' Charles Epp, The University of KansasTable of Contents1. Introduction: the social constitution; 2. Constitutional embedding through legal mobilization; 3. Expectations and transformations of Colombian constitutional law; 4. Social embedding; 5. Legal embedding; 6. Challenges to embedding: legal legibility; 7. Challenges to embedding: power struggles; 8. Challenges to embedding: workload; 9. Partial constitutional embedding: the case of South Africa; 10. Conclusion. Social constitutionalism and the politics of rights; Appendix: interviewees.

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Book SynopsisThis collection brings together historians, political scientists and legal scholars to explore the Anglo-American origins of impeachment and its use in the USA. Impeachment originated in England during the Good Parliament of 1376. It was used, subject to several periods of disuse, until the beginning of the nineteenth century. The British form of impeachment in turn inspired the drafters of the US Constitution and the inclusion of a mechanism permitting the removal of members of the federal executive and federal judiciary. These Anglo-American origins of impeachment have inspired many constitutions around the globe to include impeachment mechanisms which permit, in most cases, the legislature to remove the President, a Prime Minister, ministers and judges. This volume explores the origins, influence and practice of impeachment. Divided into three parts, the history of impeachment and how it developed in British history is the focus of part one. The inclusion of Ireland reflects the Trade Review‘This wide-ranging, interdisciplinary study of impeachment is essential readingfor scholars, citizens, and public officials alike. Now more than ever, it is vital to appreciate the promise and perils of the impeachment power, and to reckon with its proper role in constitutional democracy.’Joshua Matz, Partner, Kaplan Hecker & Fink LLP; Impeachment Counsel to the House Judiciary Committee for the first (2019–20) and second (2021) Senate trial of President TrumpTable of ContentsList of Contributors xiPreface xiiForeword xiv1 Impeachment Matters 1MATTHEW FLINDERS AND CHRIS MONAGHANPART 1British Origins 152 Impeachment during the Fourteenth and Fifteenth Centuries and Its Abeyance in the Sixteenth Century 17CHRIS MONAGHAN3 Impeachment in Seventeenth-Century England 42MARK GOLDIE4 British Politics and Impeachment in the Eighteenth Century 64ROBIN EAGLES5 Edmund Burke, India and the Impeachment Trial of Warren Hastings 84MITHI MUKHERJEE6 The Nineteenth Century and Beyond: The Existence of the Threat of Impeachment 114CHRIS MONAGHAN7 ‘Impeachment’ in Irish Constitutional Law 132LAURA CAHILLANE AND TOM HICKEYPART 2American Practice 1558 Impeachment in the Eighteenth and Nineteenth Centuries in the Early United States 157JOHN R VILE9 Parallel Evolution: American Impeachment and the Two-Party System 180BRIAN C KALT10 Impeachment, Responsibility and Constitutional Failure: From Watergate to January 6 206JACK N RAKOVE11 The US Impeachment Process: Fit for Purpose in a Hyper-Partisan Era? 238CLODAGH HARRINGTON AND ALEX WADDANPART 3Evolutionary Dynamics 25912 The Renaissance of Impeachment: Political and Legal Accountability in the 21st Century 261DAN PLESCHIndex 271

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Book SynopsisThis book presents a comprehensive analysis of the Italian experience of transitional justice examining how the crimes of Fascism and World War II have been dealt with from a comparative perspective.Applying an interdisciplinary and comparative methodology, the book offers a detailed reconstruction of the prosecution of the crimes of Fascism and the Italian Social Republic as well as crimes committed by Nazi soldiers against Italian civilians and those of the Italian army against foreign populations. It also explores the legal qualification and prosecution of the actions of the Resistance. Particular focus is given to the Togliatti amnesty, the major turning point, through comparisons to the wider European post-WWII transitional scenario and other relevant transitional amnesties, allowing consideration of the intense debate on the legitimacy of amnesties under international law. The book evaluates the Italian experience and provides an ideal framework to assess the comTable of Contents1. Historical, legal and judicial context of the transition 2. The Togliatti amnesty 3. The Togliatti amnesty within the framework of transitional justice 4. The Italian experience within the framework of transitional justice 5. The legacy of the Italian transitional justice

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Book SynopsisThis book examines the greening of civil codes from a comparative perspective. It takes into account the increasing requirements of supranational rules, which favour measures to reduce global warming and its negative environmental impacts; it discusses the necessity to expand distributive justice given the current ecological emergency; and it reflects on which private law legal tools potentially may be employed to defend natureâs interests. The work fills a gap in the growing literature on developing rights of nature and ecosystem in transnational law. While the focus is on the environmental issues pertaining to the new civil codes and new projects of civil codes, the book promotes interdisciplinary research applicable to a range of environmental and natural resourcesâfocused courses across the social sciences, especially those related to comparative law systems, legal anthropology, legal traditions in the world, political science and international relations.

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Book SynopsisIn an effort to balance the protection of reputation and the right to free speech, the UK Parliament attempted to fundamentally transform English libel law through the Defamation Act 2013. This book evaluates the success of this attempt by means of a comparative analysis of relevant law in the United States of America (US), Germany, and the European Court of Human Rights. It examines the reasons that it was deemed necessary to reform the common law of defamation in England and Wales, the changes wrought by the act, and the case law it has engendered. As defamation often occurs internationally, the book also takes a broad comparative look at the way in which other relevant jurisdictions attempt to balance reputational protection and free speech. The natural starting point is the US where freedom of expression is strongly protected by the US Constitution. From there the focus shifts to Germany where both competing legal interests are likewise given constitutional protection. The Europ

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Book SynopsisEcumenical Patriarch Bartholomew I, the spiritual leader of Eastern Orthodox Christians worldwide, has thought profoundly about the role of law as it applies to the church, to civic life in Europe, to human rights, to religious freedom, and to the environment. In this book, leading scholars across the world reflect critically on the significance of his legal thought for human flourishing, for Christian social teaching, and for Christian unity. His legal thought is summed up in five key public addresses that he has delivered around the world in recent years, on: church law as an ecumenical instrument; the role of religion in a changing Europe; Orthodoxy and human rights; religion and freedom; and climate change, ecumenical imperatives. The collection presents critical reflections on the legal thought in these five important, distinct, and topical fields of human life. Its ten chapters, with two chapters devoted to each of his five addresses, are written by leading scholars across theTable of ContentsIntroduction; Address I: Canon Law and Christian Law; 1. The Canonist Patriarch: His All-Holiness Bartholomew and the Development of Canon Law; 2. The Principles of Christian Law; Address II: Religion in a Changing Europe; 3. The European Union and Religion; 4. The States of Europe and Religion; Address III: Human Rights; 5. Human Rights and Orthodox Christianity: Learning from Our Differences; 6. Better Human Rights: The Orthodox Lesson; Address IV: Religious Freedom; 7. An Eastern Orthodox Approach to Religious Freedom; 8. Ecumenical Approaches to Religious Freedom; Address V: The Environment; 9. From Crisis to Kairos: The ‘Green Patriarch’ and Environmental Law; 10. Climate Change, Christian Ethics, and Christian Theology: Ecumenical Imperatives; Conclusion: Reflections

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Book SynopsisEcumenical Patriarch Bartholomew I, the spiritual leader of Eastern Orthodox Christians worldwide, has thought profoundly about the role of law as it applies to the church, to civic life in Europe, to human rights, to religious freedom, and to the environment. In this book, leading scholars across the world reflect critically on the significance of his legal thought for human flourishing, for Christian social teaching, and for Christian unity. His legal thought is summed up in five key public addresses that he has delivered around the world in recent years, on: church law as an ecumenical instrument; the role of religion in a changing Europe; Orthodoxy and human rights; religion and freedom; and climate change, ecumenical imperatives. The collection presents critical reflections on the legal thought in these five important, distinct, and topical fields of human life. Its ten chapters, with two chapters devoted to each of his five addresses, are written by leading scholars across the world from different Christian traditions with expertise in the fields studied. They provide an analysis of the legal thought of the Patriarch, explain its significance legally, theologically, and politically, and propose its unifying value for the whole of global Christianity today. The book will be essential reading for academics and researchers working in the areas of law and religion, legal philosophy, comparative canon law, theology, and ecumenical studies.

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Book SynopsisThis book draws on empirical analysis to question traditional assumptions about emergencies as 'exceptions' and to develop an alternative conceptual framework for the study of emergency powers' long-term effects. Its original analysis will be of interest to academics and students of international law, domestic public law, and political science.Trade Review'Karin Loevy manages in this book to provide what I had thought impossible given the extensive literature on the topic of states of emergency - a wholly novel and most productive perspective. She argues that one needs to take a long view of how to understand emergencies, that is, not as events of short duration but rather as unfolding over lengthy periods, which in turn enables her to understand emergencies in terms of dynamic trends and processes rather than as discrete events. She thus sheds important new light on the relationship between the norm and the exception.' David Dyzenhaus, University of Toronto, and Fellow of the Royal Society of Canada'In this bold and powerfully argued book, Loevy shows how certain theoretical frameworks for understanding emergencies have led us astray. Digging beneath the prevailing imagery of sovereign deciders and sudden ruptures in the fabric of everyday governance, Emergencies in Public Law reveals a more complex and dynamic politics of competing institutions, layered temporalities, and political mobilizations. By combining conceptual work with well-selected and carefully researched case studies of emergencies, this book is a model of empirically engaged legal and political theory.' Leonard Feldman, Hunter College, City University of New York'In Emergencies [in] Public Law, Loevy gives us an erudite and magisterial account of emergency powers, leading us through time and place from ancient Rome to Alexandria, DC to Guantánamo Bay, and from Belmarsh prison to the Israeli Supreme Court to disaster relief efforts in the Irrawaddy Delta in Myanmar. Along the way, Loevy offers us a fresh perspective on emergency powers that challenges the standard theoretical accounts, reframing emergencies and our legal responses to them as complex and dynamic processes requiring flexibility, reflexivity, and adaptability. Her provocative book will send us back to the drawing board with a new set of tools for containing emergencies.' Victor V. Ramraj, University of Victoria, CanadaTable of ContentsIntroduction; Part I. Theories of Containment: 1. An introduction to the background theoretical problem: the paradox and its paradigmatic solutions; 2. The legacy of the models in the legal politics of emergencies; Part II. Practices of Containment: 3. The legal politics of definitions: Article 15 derogations in the House of Lords; 4. The legal politics of authorization: the Office of Legal Council (OLC) in the US executive and the Joint Committee on Human Rights (JCHR) in the UK Parliament; 5. The legal politics of jurisdiction: regional intervention in a domestic disaster, Cyclone Nargis in 2008; 6. The legal politics of time and temporality: ticking time in the Israeli Supreme Court; Part III. Consequences of Containment: 7. The legal politics of change and continuity in emergencies; 8. Horizons of containment: a dialectic process story of emergencies and change; Epilogue.

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Book SynopsisEvery government engages in budgeting and public financial management to run the affairs of state. Effective budgeting empowers states to prioritize policies, allocate resources, and discipline bureaucracies, and it contributes to efficacious fiscal and macroeconomic policies. Budgeting can be transparent, participatory, and promote democratic decision-making, or it can be opaque, hierarchical, and encourage authoritarian rule. This book compares budgetary systems around the world by examining the economic, political, cultural, and institutional contexts in which they are formulated, adopted, and executed. The second edition has been updated with new data to offer a more expansive set of national case studies, with examples of budgeting in China, India, Indonesia, Iraq, and Nigeria. Chapters also discuss Brexit and the European Union''s struggle to require balances budgets during the Euro Debt Crisis. Additionally, the authors provide a deeper analysis of developments in US budgetary policies from the Revolutionary War through the Trump presidency.Table of Contents1. Comparative Budgeting; 2. Budgeting in the United States; 3. Budgeting in Commonwealth Countries; 4. Budgeting in the European Union; 5. Budgeting in Central Eastern Europe and the Former Soviet Union; 6. Budgeting in Latin America;7. Budgeting in Diverse Cultural Settings; 8. Comparative Budgeting: Summary and Conclusion.

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Book SynopsisThe Association of Southeast Asian Nations (ASEAN) has achieved deeper regional market integration to lay a socio-economic foundation for the development of a regional community, yet inter-state trust is by no means assured as Southeast Asian nations remain steadfast in maintaining their political regime stability against external interference. However, through its institutional practices, ASEAN has emerged as a distinct model of security institution, while the region''s contemporary security landscape has diversified with various non-traditional security issues. By looking beyond the veneer of diplomacy and prevailing political circumstances, this book examines the legal nature and form of ASEAN''s authority to address diverse regional security issues. It provides a fresh perspective on ASEAN''s role as a security institution. With an interdisciplinary analysis, this book reveals the normative role that ASEAN plays in facilitating the processes of norm development, localisation and inTable of ContentsIntroduction; 1. ASEAN as a security institution: its legal, normative and institutional framework; 2. Nuclear security; 3. Counter-terrorism; 4. Maritime security; 5. Cyber security; 6. Human trafficking and people smuggling; 7. Food security; Conclusion.

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Book SynopsisThis collection of readings places side by side the principal doctrines of contracts, torts, unjust enrichment, and property in the cases of the United States, England, France, Germany and China. It presents code provisions, cases, and other legal materials that describe the law in force, and places each doctrine in its historical context to enable an understanding of the development of law as an ongoing process, in which the resolution of current issues depends upon how past issues were resolved. It both provides a road map of the private law of these jurisdictions, and illustrates how private law has been shaped by history, by the effort to solve common problems, and by differences in culture. This new edition reflects changes in the law, and includes the addition of Chinese Law as a comparative study.Table of ContentsPreface; Foreword by Shiyuan Han; Foreword by Reinhard Zimmermann; Foreword by André Tunc; Foreword by Roscoe Pound; 1. Traditions; 2. Institutions; Part I. The Law of Obligations: 3. The structure of contract law; 4. Voluntary commitment; 5. Fairness; 6. Excuses for non-performance; 7. Remedies; 8. The scope of the rights protected; 9. The conduct for which one is liable; 10. The principle; 11. Must one party gain at the other's expense?; Part II. The Law of Property: 12. Possession; 13. Ownership.

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Book SynopsisPatents incentivize the creation and dissemination of new technical solutions and help to disclose their working to the public in exchange for limited exclusivity. Injunctions are vital tools for patent enforcement. This book explains how the drafting, tailoring and enforcement of injunctions in patent law works in several leading jurisdictions.

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Book SynopsisMajor land reform programs have reallocated property in more than one-third of the world''s countries in the last century and impacted over one billion people. But only rarely have these programs granted beneficiaries complete property rights. Why is this the case, and what are the consequences? This book draws on wide-ranging original data and charts new conceptual terrain to reveal the political origins of the property rights gap. It shows that land reform programs are most often implemented by authoritarian governments who deliberately withhold property rights from beneficiaries. In so doing, governments generate coercive leverage over rural populations and exert social control. This is politically advantageous to ruling governments but it has negative development consequences: it slows economic growth, productivity, and urbanization and it exacerbates inequality. The book also examines the conditions under which subsequent governments close property rights gaps, usually as a result of democratization or foreign pressure.Trade Review'Low productivity in agriculture condemns many countries and regions to poverty. This erudite book combines history and detailed data analysis to show that low productivity is often caused by a property rights gap, created by regimes trying to cultivate large masses of peasants dependent on them. The book explains where these missing property rights in land emerge, what they imply for inequality and poverty, and how they can be overcome. This is first-rate social science that should inform modern debates on development and policy.' Daron Acemoglu, Massachusetts Institute of Technology'In this landmark study, based on more than a decade of intrepid fieldwork and imaginative analysis of the most comprehensive dataset on rural property rights ever assembled, Michael Albertus systematically unravels the great puzzle of why so many states fail to provide secure property rights over land to their citizens. This pathbreaking book convincingly exposes the political motives that lead governments to open and maintain wide gaps in property rights, and that induce democracies to close them.' Larry Diamond, Stanford University'This outstanding book makes the case for understanding why governments distribute land but not secure property rights to rural dwellers. These property rights gaps are of great consequence throughout the developing world. Yet they are poorly understood. Whereas these gaps are often attributed to misguided policy or state weakness, Albertus makes a compelling case that they are rooted in political choices, often aimed at sustaining autocracy. This book is essential reading for anyone interested in the politics of rights and redistribution.' Steven Levitsky, Harvard University'Around the world millions of rural dwellers live in a state of limbo in which they receive property but few if any rights over that property. With a broad comparative perspective, this book offers a novel theory, in-depth case studies, and sophisticated empirical analyses about this important phenomenon. It is a must-read for those interested in development, political regimes, land reform and the politics of economic redistribution.' Beatriz Magaloni, Stanford University'… book's overall quality will likely make it an influential contribution to the literature of rural politics for many years. Highly recommended.' D. Newcomer, ChoiceTable of Contents1. Introduction; 2. Conceptualizing and Measuring the Property Rights Gap; 3. The Political Origins of the Property Rights Gap; 4. Evidence on the Rise and Fall of Property Rights Gaps in Latin America; 5. Consequences of the Property Rights Gap; 6. Opening and Closing a Property Rights Gap in Peru; 7. The Long-Term Consequences of Peru's Property Rights Gap; 8. Property Rights Gaps Around the World; 9. Conclusion.

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Book SynopsisWith the recent global economic crisis, attitudes and practices in relation to intellectual property valuation are changing as exemplified by the dichotomy explained in this book, which makes it unique. While there has been a move towards global harmonisation in terms of valuation of both tangible and intangible assets that are based on innovation, there is also a tendency against global harmonisation because of cultural attitudes and practices of different countries. This can be seen most acutely in relation to intellectual property valuation in Asia, especially East Asia, which often differs from the West's perception of valuation. The book is written by experts in intellectual property, valuation and innovation who are mainly practitioners covering innovators, marketers, accountants, social innovators and business and management academics. The breadth and practitioner background of most of the contributors make the material relevant to those involved in valuation, economics,Trade Review"The editor of the book, Prof Ruth Taplin, who herself is a leading strategic commentator in this field, has assembled nine packed chapters each written by a guru in his or her area, ranging from technology to health to shipping. They confirm that valuation is increasing in complexity, whether in the residual value of maritime assets, or in financial services products. A key feature of the volume, the 18th book to date edited and/or authored by Prof Taplin, is that it threads through many disciplines to stimulate greater understanding of the buzzing world of innovation, as it asks how the US legal-economic model, with its short-term outlook, and the more family-oriented ethos of many companies in Asia, will handle the shock of mutual conflict." - James Brewer, allaboutshipping.co.uk"In conclusion, two things in particular I like about this book. First, the book demonstrates, in multiple chapters, the complex interaction among IP, entity value, and innovation. Second, the book highlights a trend that will be with us for decades to come – that is, the simultaneous withering of IP with the rise of open innovation, and the increasing importance of privately owned and enforced IP for companies to capture the value inherent in their innovations.This is a thought-provoking book and a great read, well worth the time and effort for anyone involved in the general business of innovation or intellectual property." - Larry M. Goldstein, U.S. Patent Attorney"Accurate assessment of intellectual property has always presented challenges to economists and academics. But, as technological innovation continues to blur political and cultural boundaries, it's necessary, more than ever, to re-examine the fundamental meaning of valuation. Ruth Taplin’s Intellectual Property Valuation & Innovation Towards Global Harmonisation, advances the discourse through 9 chapters, which examine the valuation of tangible and intangible assets in the evolving ‘glocalized’ economy. "Stuart Ake of The Wine FoundryTable of Contents 1.Overview and introduction 2. Future of innovation and intellectual property 3. Creating value in health care through social innovation 4. The financial reporting of research and development costs and its signalling effects on firms' market values 5. Value-energy interrelationship and dynamic added value taxation 6. Residual value insurance in the maritime sector 7. From co-creation to entrepreneurialism: mobile apps and other examples 8. Big Data and innovation 9. Innovation, valuation and crisis

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Book SynopsisWhat is the purpose of comparative constitutional law? Comparing constitutions allows us to consider the similarities and differences in forms of government, and the normative philosophies behind constitutional choices. Constitutional comparisons offer ''hermeneutic'' help: they enable us to see ''our'' own constitution with different eyes and to locate its structural and normative choices by references to alternatives evident in other constitutional orders. This Cambridge Companion presents readers with a succinct yet wide-ranging companion to a modern comparative constitutional law course, offering a wide-ranging yet concise introduction to the subject. Its twenty-two chapters are arranged into five thematic parts: starting with an exploration of the ''theoretical foundations'' (Part I) and some important ''historical experiences'' (Part II), it moves on to a discussion of the core ''constitutional principles'' (Part III) and ''state institutions'' (Part IV); finally it analyses formTrade Review'This collection of analytic essays on topics ranging from institutions of governance to concepts central to constitutionalism provides a fine introduction to the state of the field.' Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University'We have entered the golden age of comparative constitutionalism. The digital revolution has made foreign legal sources more easily accessible, modern advances in transportation have made the world smaller, and scholarly collaborations across borders have pushed the boundaries of our knowledge. And yet many fundamental questions in comparative constitutionalism remain contested or even unanswered: how to compare, what to compare, and more importantly why to compare? Masterman and Schütze have assembled an all-star team of leading authorities in the study of constitutionalism to guide both experienced scholars and new students through the most important inquiries in the field. The future of public law is comparative, and this outstanding volume will be an invaluable resource for understanding the stakes and challenges that await.' Richard Albert, William Stamps Farish Professor of Law, University of Texas, Austin'This Cambridge Companion to Comparative Constitutional Law stands out for its in-depth pursuit of well-selected themes. It offers the scholar and student an authoritative account of the theoretical foundations and historical foundations of global constitutionalism, as well as its core principles, institutions and dynamics.' Adrienne Stone, Redmond Barry Distinguished Professor, University of Melbourne'In times of flourishing comparative constitutional law studies, this Cambridge Companion addresses the main issues in the field, with a view to orient scholarly approaches towards systematic comparative work. In an ever more connected world, such stimulating enterprise will enhance the comprehension of the challenges at stake, as well as the communication among different methodologies and theories.' Cesare Pinelli, Sapienza - Università di Roma'This Companion assembles a remarkable cast of leading scholars on comparative constitutional law. The chapters adopt a panoramic view in interrogating the field from its theoretical and historical foundations through to its present-day significance. This Companion is an important and valuable contribution on a subject of ever-growing significance.' George Williams, Dean and Anthony Mason Professor, University of New South Wales'Combining magnitude and accuracy, here is a new instrument, original in its design, as complete as possible, which will allow any reader to satisfy his curiosity by measuring the importance and interest of this new scientific field. Here is a book that makes it possible to understand better, at the time of globalization, the stakes of a comparative confrontation between the main modes of constitutional arrangement in the world.' Vlad Constantinesco, Université de Strasbourg'The essays are well grounded, nicely written, and fair in their legal-political arguments. Together they constitute a good picture of where the world now stands with respect to constitutionalism.' S. N. Katz, ChoiceTable of ContentsPart I. Theoretical Foundations: 1. Comparative methodologies Ran Hirschl; 2. Constitutionalism(s) Robert Schütze; Part II. Historical Experiences: 3. The United Kingdom constitution Mark Elliott; 4. French constitutional law Denis Baranger; 5. US constitutional law Vicki C. Jackson; 6. The constitution of the Republic of India Anashri Pillay; 7. The constitution of China Qianfan Zhang; Part III. Constitutional Principles: 8. Democracy Paul Craig; 9. Separation of powers Christoph Möllers; 10. The rule of law András Sajó; 11. Human rights law Conor Gearty; 12. Federalism Raffaele Bifulco; Part IV. State Institutions: 13. Parliaments Nicola Lupo; 14. Governments Philipp Dann; 15. Administration Susan Rose-Ackerman; 16. Courts with constitutional jurisdiction Cheryl Saunders; 17. Independent fiscal institutions Cal Viney and Thomas Poole; Part V. Transnational Constitutionalism: 18. Multi-layered constitutions Roger Masterman; 19. International constitutionalism Jan Klabbers; 20. European constitutionalism Kaarlo Tuori; 21. A new Commonwealth constitutionalism? Claudia Geiringer; 22. Constitutional transplants Gábor Halmai.

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Book SynopsisBrings together 15 principal essays by David Sellar (1941-2019), reflecting his pioneering contribution to Scottish legal history, covering the topics of Celtic law and institutions, the influence of Canon and English law across a wide range of legal subjects (including family law, succession, criminal law, evidence) and customary law.

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Book SynopsisHow do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its ‘formalism’, ‘legalism’ and ‘exceptionalism’ compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.Table of Contents1. Rights, Rhetoric and Reality: An Overview of Rights Protection in Australia Matthew Groves, Janina Boughey and Dan Meagher 2. Australia’s Constitutional Design and the Protection of Human Rights George Williams 3. Chapter III of the Constitution and the Protection of Due Process Rights Anthony Gray 4. The High Court’s Implied Rights Experiment Tony Blackshield 5. The Reception of International Law in Constitutional Litigation – The Al-Kateb Battle and its Aftermath Adam Fletcher 6. International Law, Administrative Powers and Human Rights: The Legacy of Teoh Matthew Groves 7. The Australian Human Rights Commission Edward Santow 8. The Human Rights (Parliamentary Scrutiny) Act 2011 (Cth): A Failed Human Rights Experiment? Lisa Burton Crawford 9. The Nature and Limitations of Commonwealth Anti-Discrimination Law Colin Campbell 10. ‘Culture, What Culture?’ Why We Don’t Know if the ACT Human Rights Act is Working Simon Rice 11. The Victorian Charter: A Slow Start or Fundamentally Flawed? Janina Boughey 12. International Human Rights Treaties and Institutions in the Protection of Human Rights in Australia Madelaine Chiam 13. The Recognition and Protection of Indigenous Rights Edward Synot and Dylan Lino 14. Federalism, Public Interest Advocacy and Marriage Equality in Australia Gabrielle Appleby and Adam Webster 15. Freedom of Religion Nicholas Aroney and Benjamin B Saunders 16. A Fair Trial for Accused Terrorists Rebecca Ananian-Welsh 17. A Search for Rights: Judicial and Administrative Responses to Migration and Refugee Cases Emma Dunlop, Jane McAdam and Greg Weeks 18. Proportionality and the New Postwar Juridical Paradigm: A Challenge to Australian Exceptionalism? Shipra Chordia 19. A Common Law Bill of Rights Dan Meagher 20. Against a Constitutional Bill of Rights in Australia Jeffrey Goldsworthy 21. Designing an Australian Bill of Rights: The Normative Trade-offs Scott Stephenson

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Book SynopsisThis book provides a contextual and authoritative overview of the principles, doctrines and institutions that underpin the Czech constitution. The book explores key topics including; the Czech pluralist constitution, constitutional principles, the interaction between the legislature, executive and the judiciary, the role of local governance and application of fundamental rights in practice. It also covers the morphing of Czech constitutionalism as a result of personal politics, conventions, informal institutions and constitutional narratives and sentiments. This informative study allows students and scholars of law and politics to develop an informed view of how Czech democracy actually works and what its main challenges are.Trade ReviewThe book presents a perfect insight into the Czech constitutional system for a wider international audience. I have used the book in my course of Constitutional Law for Czech law students as a tool for introducing an "outer" view on the Czech constitutional system within the area of comparative constitutional law and as a tool for an explanation on how to write about the national legal issues for a wider international audience. -- Dr Lukáš Lev Cervinka * Charles University *Table of Contents1. The Rise of Czech Constitutionalism: History and Context I. The Rise and Fall of the Kingdom of Bohemia II. Influence of Foreign Legal Cultures III. Czech Constitutional Scholarship and its Changing Role Over Time IV. Inter-war Czechoslovakia V. The Communist Legacy VI. Democratic Transition and Dealing with the Past VII. The Dissolution of Czechoslovakia VIII. Return to Europe IX. Where are the People? X. Conclusion Further Reading 2. The Challenge of a Pluralist Constitution I. Drafting the 1993 Constitution II. The Pluralist Constitution III. The Eternity Clause IV. International and Supranational Sources V. Super-statutes VI. Constitutional Conventions VII. Judicial Decisions as a Source of Constitutional Law VIII. Conclusion Further Reading 3. Constitutional Principles I. The Democratic Principle II. The Rechtsstaat Principle III. Principle of the Separation of Powers IV. Principle of Sovereignty V. Principle of the Unitary State VI. Protection of Fundamental Rights VII. The Implicit Welfare State Principle VIII. Conclusion Further Reading 4. The Czech Parliament I. Basic Structure: The Chamber of Deputies and the Senate II. Competences of the Parliament and its Chambers III. The Procedural Limits of Parliamentary Power IV. Parliamentary Elections and the Czech Political Party System in Turmoil V. Scandals, Corruption and Immunities VI. Conclusion Further Reading 5. The Growing Tension within the Double-Headed Executive I. The Challenge of a Double-Headed Executive II. Over-achieving President and Under-achieving Governments III. The State of Emergency and the Hidden Powers of the Executive IV. The Quest to Depoliticise the State Administration V. Conclusion Further Reading 6. Local Governance I. The Centre and the Periphery II. The Structure of Territorial Self-Governance III. Election of Municipal and Regional Bodies IV. Direct Democracy at the Local Level V. The Rise of the Municipal Power VI. It is All About Taxes and EU Subsidies VII. Local Self-Governance in the EU VIII. Conclusion: Towards Moderate Decentralisation Further Reading 7. The Judicial Branch I. Setting the Scene: Key Players within Czech Judicial Politics II. Who are the Czech Judges? III. The Constitutional Court IV. Basic Features of the Ordinary Judiciary V. Civil and Criminal Courts VI. Administrative Courts VII. Prohibition of Special Courts and Tribunals VIII. The War(s) of the Courts IX. Czech Courts and European Supranational Courts: A Complicated Relationship X. Constitutional Politics of the Judicial Branch XI. Conclusion: From the Judicialisation of Politics to the Politicisation of the Judiciary Further Reading 8. Human Rights Constitutionalism I. The Charter and the Rest: The Pluralist Nature of Human Rights Protection in Czechia II. How to Challenge the State: Constitutional Review, General Courts, Administrative Review and the Ombudsman III. Human Dignity as a Fundamental Right? IV. Proportionality as a Key Unifying Principle? V. Positive Obligations and the Challenge of Socio-economic Rights VI. Public/Private Distinction and the Importance of Drittwirkung VII. The Influence of the European Convention on Human Rights VIII. Selective Judicial Activism – Expounding or Expanding Human Rights? IX. Conclusion Further Reading Conclusion: Dynamics of Constitutional Change and the Search for Constitutional Identity I. Formal Amendments in a Rigid System II. Constitutional Interpretation and Informal Amendments as a Mechanism of Constitutional Change III. The Unconstitutional Constitutional Amendments Doctrine IV. Conflicting Legacies and the Search for Constitutional Identity V. Concluding Remarks: A Danger of Democratic Backsliding?

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Book SynopsisWhat is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of ‘people’ and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people’s representation.Table of Contents1. Introduction Giuliano Amato (Italian Constitutional Court) PART I WHAT IS THE RULE OF LAW ABOUT? 2. Rule of Law Between XVIIth and XIXth Century Paolo Alvazzi del Frate and Alberto Torini (Università di Roma Tre, Italy) 3. Rule of Law Metamorphoses in the Twentieth Century Luigi Lacchè (University of Macerata, Italy) 4. Rule of Law and Democracy Dieter Grimm (Wissenschaftskolleg zu Berlin, Germany) 5. EU Rule of Law: The State of Play Following the Debates Surrounding the 2019 Commission’s Communication Barbara Grabowska-Moroz and Dimitry Vladimirovich Kochenov (CEU Democracy Institute) PART II THE PEOPLE 6. The People v. Democracy? The Populist Challenge to Judicial Review Justin Collings (Brigham Young University, USA) 7. Proceduralising the People: Deliberative Democracy, Majority Rule, and the Rule of Law Simone Chambers (University of California at Irvine, USA) 8. Élite vs People Yves Mény (Scuola Superiore Sant’Anna, Italy) 9. The Double Fiction of the People Cesare Pinelli (University of Rome Sapienza, Italy) 10. Stronger Together? Populist (or Non-Populist) Politics of Peoplehood Jan-Werner Müller (Princeton University, USA) 11. Does Illiberal Democracy Exist? Gabor Halmai (European University Institute, Italy) 12. Majority Rule, Democracy, and Populism: Theoretical Considerations Wojciech Sadurski (University of Sydney, Australia) 13. New Technologies at the Service of Deliberative Democracy José Luis Martì (Pompeu Fabra - Barcelona, Spain) PART III DEMOCRACY AND ITS ENEMIES 14. Is Still Democracy the Worst Form of Government Except All Others? Gianfranco Pasquino (Alma Mater Studiorum Bologna, Italy) 15. The Old-Fashioned (or Out of Fashion?) Prohibition on a Binding Mandate Benedetta Barbisan (University of Macerata, Italy) 16. Party Fatigue in European Democracies Piero Ignazi (Alma Mater Studiorum Bologna, Italy) 17. Market Power and Democracy Antonio Cucinotta (University of Messina, Italy) 18. Economic Crisis and Liberal Democracies Moreno Bertoldi and Michele Salvati (University of Milan, Italy) 19. Social Identities, Borders and Majorities Gian Primo Cella (University of Milan, Italy) PART IV ELECTED AND NON ELECTED 20. The Role of Judges in a Representative Democracy Lord Mance (UK Supreme Court) 21. Closely Observed Judges, or the Great Comeback of Authoritarianism in Poland Malgorzata Gersdorf (Supreme Court of Poland) and Mateusz Pilich (University of Warsaw, Poland)

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Book SynopsisThis book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR’s constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.Table of ContentsPART I FUNDAMENTALS 1. On the Concepts of Law and Human Rights I. The Dual Nature of Law II. The Concept of Human Rights 2. A New Concept of Evolutive and Static Interpretation I. Evolutive Interpretation Within a Normative Theory of Interpretation II. Evolutive Interpretation as an Element of the Time Dimension of Interpretation III. Static Interpretation as the Parameter for Evolutive Interpretation 3. The Legitimacy of Evolutive Interpretation Revisited I. Evolutive Interpretation and the ECHR II. Evolutive Interpretation and the Vienna Convention on the Law of Treaties III. Evolutive Interpretation and General Principles of International Law 4. The Criticism against Evolutive Interpretation Revisited I. Democratic Legitimacy of Evolutive Interpretation II. Sovereignty III. Rule of Law PART II THE ECHR CONSTITUTION 5. The Argument of Constitutionalism I. Constitutionalism in the International Realm II. Cosmopolitan Constitutionalism III. Deliberative or Discursive Constitutionalism 6. The Constitutional Nature of the ECHR I. The Constitutional Status of the ECHR’s Judicial Review Mechanism II. Locating the ECHR in the International Constitutionalism Debate 7. Three Basic Constitutional Principles of the ECHR I. The Three Pillars of the Council of Europe as Constitutional Principles II. The Ideal and Real Dimension in the ECHR III. Time Dimension of Interpretation and the Dual Nature of the ECHR PART III BALANCED LEGITIMACY MODEL 8. Setting the Scene for Balancing at the Interpretation Stage I. The Distinction between Rules and Principles II. Connecting Static and Evolutive Interpretation to Formal and Material Principles III. Balancing in the Different Stages of Law Application IV. Balancing of Interpretive Canons 9. The Balancing Model for Evolutive and Static Interpretation I. Basic Ideas on the Balancing Model II. Critical Aspects of Balancing in Human Rights Interpretation III. Internal Structure of the Balancing Model IV. Weight Formula 10. External Justification I. How to Accord Weights in the ECHR? II. Weighting Rules in the Time Dimension of Interpretation III. The Epistemic Reliability of the Underlying Premises PART IV THE BALANCED LEGITIMACY MODEL APPLIED 11. The Right to Divorce I. Facts of the Case II. Time Dimension of Interpretation III. The ECtHR’s Reasoning IV. The Balancing of Static and Evolutive Interpretation V. The Legitimacy of the Evolutive Approach to Interpretation 12. The Right to Assisted Suicide I. Facts of the Case II. Time Dimension of Interpretation III. The ECtHR’s Reasoning IV. The Balancing of Static and Evolutive Interpretation V. The Legitimacy of the Static Approach to Interpretation 13. The Right to Preservation of the Environment I. Facts of the Case II. Time Dimension of Interpretation III. The ECtHR’s Reasoning IV. The Balancing of Static and Evolutive Interpretation V. A Stalemate Case

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Book SynopsisThis book is the first to examine intermediaries in a holistic and systematic manner. The classical model of face-to-face contracting between two individuals is no longer dominant. Instead, deals frequently involve a number of parties, often acting through intermediaries. As a result, it is important to understand the role and power of intermediaries. Intermediaries tend to be considered within discrete silos of the law. But by focussing upon a particular, narrow area of law, lessons are not learned from analogous situations. This book takes a broader approach, and looks across the traditional boundaries of private law in order to gain a proper assessment of the role played by intermediaries. A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law. For example, the continued growth of electronic commerce requires consideration of the role of websites and other platforms as intermediaries. And developments in artificial intelligence raise the prospect of intermediaries being non-human actors. All these issues are subject to rigorous analysis by the expert contributors to this book.Table of ContentsPreface Contributors Table of Cases Table of Legislation 1. Introduction Paul S Davies (University College London, UK) and Tan Cheng-Han SC (City University of Hong Kong) 2. The Fiduciary Status of Agents Matthew Conaglen (University of Sydney, Australia) 3. Ministerial Acts Rachel Leow (National University of Singapore) 4. Justifications for and Limitations on Interventions by Undisclosed Principals William Day (University of Cambridge / 3 Verulam Buildings, UK) 5. Agency Theory Revisited and Practical Implications Gerard McMeel KC (University of Reading, UK) 6. Platform Liability for Terrorist Activities Ying Hu (National University of Singapore) 7. How Intermediaries Entrench Google’s Position in the Advertising Display Market Roger Alford (University of Notre Dame, USA) 8. The Platform as Agent Deborah A DeMott (Duke University, USA) 9. Online Intermediary Platforms and English Contract Law Christian Twigg-Flesner (University of Warwick, UK) 10. Agency, Artificial Intelligence and Algorithmic Agreements Tan Cheng-Han SC (City University of Hong Kong) 11. Client-Intermediary Relations in the Crypto-Asset World Hin Liu (University of Oxford, UK), Louise Gullifer (University of Cambridge, UK) and Henry Chong (Fusang Corp, Hong Kong) 12. As Complex as ABC? Bona Fide Purchasers of Equitable Interests Ben McFarlane (University of Oxford, UK) and Andreas Televantos (University of Oxford, UK) 13. The Partner’s Fiduciary and Good Faith Duties: More than Just an Agent? Laura Macgregor (University of Edinburgh, UK) 14. Debt Collection and Assignment of Debts: Navigating the Legal Maze Jodi Gardner (University of Cambridge, UK) and Chee Ho Tham (Singapore Management University) 15. Financial Wellbeing – the Missing Link in Financial Advice under Private Law and Statute Andrew Godwin (University of Melbourne, Australia), Wai Yee Wan (City University of Hong Kong) and Qinzhe Yao (Skandan Law LLC, Singapore) 16. Adjudicating Intermediary-Related Losses Hans Tjio (National University of Singapore) 17. Intermediaries as ‘Gatekeepers’ in International and Domestic Regulation Alexander Loke (City University of Hong Kong) 18. A Fine Balance: Insolvency Practitioners and the Leveraging of Intermediary Power Sarah Paterson (London School of Economics and Political Science, UK)

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Book SynopsisThis book is the first to examine intermediaries in a holistic and systematic manner. The classical model of face-to-face contracting between two individuals is no longer dominant. Instead, deals frequently involve a number of parties, often acting through intermediaries. As a result, it is important to understand the role and power of intermediaries.Intermediaries tend to be considered within discrete silos of the law. But by focussing upon a particular, narrow area of law, lessons are not learned from analogous situations. This book takes a broader approach, and looks across the traditional boundaries of private law in order to gain a proper assessment of the role played by intermediaries.A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law. For example, the continued growth of electronic commerce requires consideration of the role of websites and other platforms as intermediaries. And developments in artificial intelligence raise the prospect of intermediaries being non-human actors. All these issues are subject to rigorous analysis by the expert contributors to this book.

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Book SynopsisThis book brings together leading scholars from the next generation of UK criminal lawyers to celebrate the work of GR Sullivan, Emeritus Professor at University College London, in the year of his retirement from writing Simester and Sullivan's Criminal Law: Theory and Doctrine. The contributors examine many of the areas in which GR (Bob) Sullivan's own writing has been influential, ranging from general doctrines such as causation and culpability, across specific offences like theft and fraud, through defences including necessity and insanity; before turning, finally, to matters affecting the criminal process, notably challenges to the doctrine of precedent in criminal law. Taken together, the essays are a powerful tribute to Bob's standing and influence upon modern criminal law. At the same time, individually they make sophisticated contributions to our understanding of some pressing issues in contemporary criminal law. The essays illustrate the increasing importance of theoretical argument in modern criminal law, as well as the manner in which doctrinal debates have become interwoven with arguments about criminalisation norms. The resulting collection is thus a tribute also to the character of modern academic criminal law, a character that Bob and the writers of his generation did so much to develop.

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Book SynopsisIn this book a team of expert contributors address challenging issues concerning the relationship between private law and the rule of law and human rights, with specific focus on case studies from South-Eastern Europe.The book examines the broadening application of human rights to the private law fields and the resulting effects. Contributors offer a truly interdisciplinary perspective drawn from comparative law, civil law, procedural law and public law. By so doing, for the first time, they offer insights into the fascinating questions the region poses for private law and human rights.

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