Comparative law Books

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Book SynopsisThe North-South global divide is as much about perception and prejudice as it is about economic disparities. Latin America is no less ruled by hegemonic misrepresentations of its national legal systems. The European image of its laws mostly upholds legal legitimacy and international comity. By contrast, diagnoses of excessive legal formalism, an extraordinary gap between law and action, inappropriate European transplants, elite control, pervasive inefficiencies, and massive corruption call for wholesale law reform. Misrepresented to the level of becoming fictions, these ideas nevertheless have profound influence on US foreign policy, international agency programs, private disputes, and academic research. Jorge L. Esquirol identifies their materialization in global governance - mostly undermining Latin American states in legal geopolitics - and their deployment by private parties in transnational litigation and international arbitration. Bringing unrelenting legal realism to comparative law, this study explores new questions in international relations, focusing on the power dynamics among national legal systems.Table of ContentsIntroduction; 1. The fiction of legal Europeanness; 2. The fiction of failed law; 3. The geopolitics of Latin American legal fictions; 4. Latin American cases; Concluding thoughts.

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Book SynopsisIntroduces legal and ethical issues impacting artists, art collectors, dealers, and museums in today's international art markets. Highlights key international treaties and statutes, judicial decisions, and excerpts from scholarly and other publications to make legal and ethical issues in the world of the visual arts accessible and understandable.

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Book SynopsisThe Indian Supreme Court is widely seen as a vanguard of progressive social change. Yet there are no systematic studies of whether its progressive decisions actually improve the lives of the relatively disadvantaged. This book presents the first collection of original empirical studies on the impact of the Indian Supreme Court''s most progressive decisions. Combining original datasets with in-depth qualitative research, the chapters provide a rigorous examination of the conditions under which judicial decisions can make a difference to those in need. These studies reveal that the Indian Supreme Court, like its US counterpart, is largely constrained in its efforts. Yet, through the broad sweep of constitutional rights in the Indian Constitution, the Court''s procedural innovations, and its institutional independence, the Indian Supreme Court can sometimes make a difference - in the lives of those most in need.Table of ContentsIntroduction; The Indian Supreme Court and progressive social change Gerald N. Rosenberg, Sudhir Krishnaswamy and Shishir Bail; Part I. The Supreme Court of India – An Institutional Overview: 1. The structure and functioning of the Supreme Court of India Nick Robinson; 2. The Supreme Court of India: an empirical overview of the institution Aparna Chandra, William H. J. Hubbard and Sital Kalantry; 3. The recent evolution of public interest litigation in the Indian Supreme Court Poorvi Chitalkar and Varun Gauri; 4. Suo Motu intervention and the Indian judiciary Marc Galanter and Vasujith Ram; 5. Public trust in the Indian judiciary: the power to transform Sudhir Krishnaswamy and Siddharth Swaminathan; Part II. The Supreme Court of India, Social and Political Mobilization: 6. The art of buying time: street vendor politics and legal mobilization in metropolitan India Karthik Rao-Cavale; 7. Court as a symbolic resource: the Indra Sawhney case and the Dalit Muslim mobilization Mohsin Alam-Bhat; 8. PUCL v. Union of India: political mobilization and the right to food Alyssa Brierley; Part III. Welfare Rights and the Environment: 9. A case for qualified hope? The Supreme Court of India and the Midday Meal Decision Rosalind Dixon and Rishad Chowdhury; 10. Implementation in the Delhi pollution case: lessons for the future Robert Moog; Part IV. Discrimination: 11. The polarizing face of law: religious conversion judgments and political discourse in India Shylashri Shankar; 12. Evaluating the impact of the Indian Supreme Court judgment on sex-selective abortion Sital Kalantry and Arindam Nandi; Conclusion. Neither a silver bullet nor a hollow hope: the Indian Supreme Court and progressive social change Gerald N. Rosenberg, Shishir Bail and Sudhir Krishnaswamy.

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Book SynopsisThis comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage andTrade Review"Li’s The Judicial System and Reform in Post-Mao China is the most comprehensive treatment of the subject available at this moment, thoroughly researched, clearly analysed, and critically evaluated. It should be in the library of anyone and any organisation interested in Chinese politics, society and law."Jianfu Chen, La Trobe University, Australia "This is a timely and important study. Dr Li's new book on the judicial system and its reform in contemporary China sketches a roadmap of law and social change on the extended line of the last 30 years of development. Readers are thus able to understand the real problems that lawyers have to face, and the obstacles that the people's courts must overcome if the dream of the rule of law in China is to be realized."Ji Weidong, Shanghai Jiao Tong University, China "Professor Yuwen Li offers a comprehensive and critical study of the judicial system in post-Mao China in her book, which proves to be a precious tool in understanding the complexity of the contemporary Chinese judiciary. It further provides an insightful and critical discussion of the various challenges facing today’s Chinese judicial system."Liu Daqun, Judge of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda"Yuwen Li, Professor of Chinese Law at Erasmus University in Rotterdam, focuses mainly on the laws on criminal and civil procedure and administrative litigation and on the work conditions of judges and lawyers. Among the problems she identifies are: limitation of the rights of defendants in court proceedings; the lack of public reporting of trials; restrictions on independent lawyers; political influence on judges by Communist Party officials through party organisations within or linked to the judicial system; the influence of Adjudication Committees, which can be decisive even when their members are not given full details of trials; and the financial dependence of the Courts on local governments."Kenneth C. Walker, "As an observer teaching and researching Chinese law in Europe in recent years, the author has been paying continuous attention to Chinese judicial reform, thinks about the challenges and resolution regarding Chinese judicial reform from a global and multiple perspective, and draws independent conclusions on the course and direction of Chinese judicial reform. …Therefore there is no doubt that legal practitioners, scholars, policy-makers as well as investors can benefit a lot from this volume."YANG Chengming, Beijing Institute of Technology Institute of International Lawdoi:10.1093/chinesejil/jmw049’Li’s The Judicial System and Reform in Post-Mao China is the most comprehensive treatment of the subject available at this moment, thoroughly researched, clearly analysed, and critically evaluated. It should be in the library of anyone and any organisation interested in Chinese politics, society and law.’ Jianfu Chen, La Trobe University, Australia ’This is a timely and important study. Dr Li's new book on the judicial system and its reform in contemporary China sketches a roadmap of law and social change on the extended line of the last 30 years of development. Readers are thus able to understand the real problems that lawyers have to face, and the obstacles that the people's courts must overcome if the dream of the rule of law in China is to be realized.’ Ji Weidong, Shanghai Jiao Tong University, China ’Professor Yuwen Li offers a comprehensive and critical study of the judicial system in post-Mao China in her book, which proves to be a precious tool in understanding the complexity of the contemporary Chinese judiciary. It further provides an insightful and critical discussion of the various challenges facing today’s Chinese judicial system.’ Liu Daqun, Judge of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for RwandaTable of ContentsIntroduction; 1: Jurisdiction, Hierarchy and Actors; 2: Courts' Relationships with Extra-Judicial Bodies; 3: The Professionalisation of the Judiciary; 4: The Criminal Trial Process; 5: The Civil Trial Process; 6: The Administrative Trial Process; 7: The Role of the Legal Profession in the Judicial System; 8: Conclusions

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Book SynopsisProperty is a constitutionally protected right around the world. Expropriations are lawful only if they can be legitimately justified. In the past few decades, there has been an increasing number of expropriations in favour of private business projects.Table of ContentsA descriptive theory of the legitimate justification of expropriation; The need for a contextualising and descriptive theory of the legitimate justification; The substantive definition of the legitimate justification; The endurance of the legitimate justification; The governance of the legitimate justification of expropriation; Table of partially equivalent requirements; Chapters on German, Dutch, New York State and South African Law; Applicable law; The legitimate purpose; The contextualisation; The administrative and court procedures; The endurance of the legitimate justification; Exploration and evaluation of differences and similarities; The comparative analysis; The roots of the main similarities and differences; Application of international good governance standards; Recommendations; Summary and conclusion; The goals of the research; A descriptive theory of the legitimate justification of expropriation; German law; Dutch law; New York State law; South African law; Exploring and evaluating similarities and differences; Cases; Legislation.

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Book SynopsisThis is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book’s two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. “This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume.” Professor G Alan Tarr, Rutgers University “Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries.” Professor Balveer Arora, Jawaharlal Nehru University New Delhi “This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field.” Professor Cheryl Saunders, The University of Melbourne “This is a remarkable book – for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Kössler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges.” Professor Nico Steytler, University of the Western CapeTrade ReviewIn an increasingly crowded field, this new book on comparative federalism stands out for its iconoclasm, for its illuminating and entertaining selection of illustrative examples, but most of all for a significant methodological breakthrough that makes the book both more useful and more coherent than most of its predecessors ... Because they are not bound to the simplifications of a model, [the authors] are free to concede the enormous complexity of forces that shape federal states ... As a result, their accounts of conditions in individual states are unusually thorough, accurate, and persuasive. -- James A Gardner, University at Buffalo School of Law * Publius: The Journal of Federalism *... a work of great importance, strongly inspired by the need for a critical approach to the normative data, to identify and remove the clichés present in the debate ... a volume, in short, which marks the existence of a before and after in the studies on federalism and which is destined to be a point of reference on the subject. (Translated from the original Italian) -- Giuseppe Martinico * Rivista di Diritti Comparati *Comparative Federalism is a comprehensive and insightful reference work on the practical implementation of the ‘federal toolkit’, supported and enriched by informed historical and theoretical framing. The book is generally accessible, well laid out, and clearly written ... The book will appeal to a wide readership, most obviously those working on federalism and power-sharing arrangements from the perspectives of, inter alia, constitutional law and political science, as well as those interested in such topical issues as participatory democracy and multi-level governance. -- Timothy Jacob-Owens, European University Institute * EUI Constitutionalism and Politics Working Group Blog *... this latest contribution to the functioning of federalism is a valuable addition for both scholars and practitioners, especially lawyers who are faced with challenges regarding this subject. -- Mathias Eller * Federal Governance *… this work is certain to be a reference in the field, not only for scholars of federalism, but also for those who would like to approach the federal idea from a purely legal perspective. The clarity and multitude of its examples make it accessible for all those who intend to embark upon their study of the federal paradigm. (Translated from the original Spanish) -- Francisco Javier Romero Caro, Universidad del País Vasco * Revista de Estudios Políticos *Table of ContentsPart I: Foundations 1. Concepts 2. Manifestations 3. History 4. Debates Part II: Self-Rule and Shared Rule 5. Autonomy of Subnational Entities 6. Participation of Subnational Entities at the National Level 7. Financial Relations 8. Prevention and Resolution of Conflicts 9. Local Government Part III: Powers and Policies: Between Autonomy and Homogeneity 10. Fundamental Rights 11. Social Welfare and Healthcare 12. Environmental Protection 13. Immigration and Migrant Integration 14. External Relations 15. Concluding Remarks

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Book SynopsisThis book provides a contextual analysis of constitutional governance in Ireland. It presents the 1937 Constitution as a seminal moment in an ongoing constitutional evolution, rather than a foundational event. The book demonstrates how the Irish constitutional order revolves around a bipartite separation of powers. The Government is dominant but is legally constrained by the courts, particularly in their interpretations of the fundamental rights protected by the Constitution. In recent decades, the courts have weakened the constitutional constraints on the Government. Political constraints imposed by opposition parties in Parliament and new accountability institutions (such as the Ombudsman) have moderately strengthened but the Government remains by far the most powerful political actor. There is a risk that such executive dominance could lead to democratic decay; however, the referendum requirement for constitutional amendment has prevented Governments from accumulating greater constitutional power. The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts’ interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity.Trade ReviewThe Constitutional Systems of the World series aims to provide interested readers with accessible volumes that outline the historical, political and legal context that gives life to the bare texts of national constitutions. The Irish contribution to this series succeeds in fulfilling all of these objectives. -- Thomas Mohr, University College Dublin * The Irish Jurist *The Constitution of Ireland: A Contextual Analysis offers a timely interdisciplinary analysis which will be of interest to lawyers, social scientists and other scholars with an interest in Irish public life, as well as interested general readers. It would be ideal for undergraduate and introductory law school courses on Irish and comparative constitutional law; and ideally it will contribute to establishing a tradition of contextual research on Irish constitutional law. -- Tim Murphy * Studies *Oran Doyle’s contribution to Hart’s Constitutional Systems of the World series should be read by anyone with an interest in Irish constitutional law and also by comparative constitutional lawyers. -- Paul Daly, University Research Chair in Administrative Law and Governance, University of Ottawa * I•CONnect *Table of Contents1. Beginnings, Influences and Evolution 2. Constitutional Foundations 3. Government and Oireachtas 4. The President 5. Legislative Power and Interpretation 6. Governance and Public Administration 7. Political Constraints on the Government 8. Courts and the Legal Constraint of the Government 9. Fundamental Rights and Judicial Power 10. Constitutional Change 11. Conclusion

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Book SynopsisThe principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.Table of ContentsThe State of the Art and Shifting Meaning of Legal Certainty Mark Fenwick, Mathias Siems and Stefan Wrbka Part I: Theoretical Perspectives (‘Certainty of Law’) 1. Legal Certainty and the European Courts: Accessibility and Legitimate Expectations as Standards of Reasonableness Patricia Popelier 2. Legal Certainty in the Context of Multilingualism Elina Paunio 3. Legal Certainty in the New Corporate Criminal Law Mark Fenwick 4. Economic Analysis of Law and Wilburg’s Flexible System: A Systematic Approach to European Tort Law Monika Hinteregger Part II: Comparative Perspectives 5. Comparative Legal Certainty: Legal Families and Forms of Measurement Mathias Siems 6. The Faces and Implications of Legal Certainty in Contemporary Private Law—A Comparative Law Perspective Stefan Wrbka 7. Legal Certainty: A Common Law View and a Critique John Linarelli 8. Measuring Legal Certainty? Critical Feedback about the Development of an Index of Legal Certainty Jonas Knetsch Part III: Transnational Perspectives 9. Clashing Legal Certainties: The Danish Supreme Court’s Ruling in AJOS and the Collision between Domestic Rules and EU Principles Mikael Rask Madsen and Henrik Palmer Olsen 10. Towards Appropriate Legal Certainty for Consumers Seeking Justice in a Globalised World Geraint Howells and Mateja Durovic 11. Legal Certainty and Abuse of Loopholes in the Context of Transnational EU Company Law Lisa Jost, Gabriel M Lentner, Thomas Ratka and Stefan Wrbka Part IV: Applied Perspectives (‘Certainty through Law’) 12. Legal Ambiguity in Corporate Governance Charlotte Villiers 13. The Right of Withdrawal in Consumer Contracts: From the Perspective of Legal Certainty Yo Terakawa 14. Advertising Regulation in Japan: Legal Certainty and its Relation to Consumer Law Kunihiro Nakata

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Book SynopsisThis monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an ‘anti-stigma principle’, promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.Trade ReviewSolanke’s monograph offers a genuinely innovative theory of antidiscrimination law, embracing an interdisciplinary approach that remains all too rare in legal scholarship ... Focusing on the link between law and society can only be a good thing, particularly in such trying times. Solanke’s monograph is highly recommended. It is a much-needed contribution to anti-discrimination scholarship. -- William Linton, Queen Mary, University of London * Industrial Law Journal *...the author deserves praise for daring to tackle this subject in depth – something that has not been common amongst legal scholars until now ... In doing so, she has aided not only in highlighting the importance of the concept of stigma to questions regarding legal issues but also in encouraging others to follow suit. -- Paul Quinn, Vrije Universiteit Brussel, Belgium * International Journal of Discrimination and the Law *It is rare that practitioners stand back and consider the theories, basic principles, the ideology and even the sociology underlying the legal concepts that are the day-to-day bread and butter of substantive law. When they do, as in the UNISON ET fees challenge, resulting in the Supreme Court's focus on the meaning of the concept of the rule of law and the role of access to the courts in maintaining the rule of law, the result may go far beyond expectations. Engaging with Solanke's work suggests a similar potential. -- Sally Robertson * Discrimination Law Association Briefings *Solanke’s project ... is doubtless a worthy one. And Solanke’s emphasis on stigma as a key ingredient in a successful theory of discrimination law is a constructive contribution, pointing the way for future work in this rich field of inquiry. -- Benjamin Eidelson * Ethics *Investigating the causal link between stigmatisation and discrimination is ... the agenda set by Solanke in her perspective-shifting and timely book Discrimination as Stigma: A Theory of Anti-Discrimination Law. By shifting the focus to stigmatisation, the book sheds a new light on discrimination theory... Solanke's book is both inspiring and thought-provoking. It can be highly recommended. -- Raphaële Xenidis * European Journal of Legal Studies *Table of ContentsIntroduction I. Construction of the Anti-stigma Principle II. Application of the Anti-stigma Principle 1. Stigma I. Defining Stigma II. Erwin Goffman and Stigma III. The Process of Stigmatisation IV. Developments in the Theory of Stigma V. Power VI. Conclusion 2. Legal Protection from Discrimination I. Introduction II. Equality and Inequality in Political Philosophy III. The Anti-discrimination Principle in International Law IV. Closed Lists V. Open Lists VI. Dignity, Immutability and the Anti-discrimination Principle VII. The Limits of Dignity VIII. The Idea of Immutability IX. Conclusion 3. Stigma and Litigation I. Goffman in Legal Scholarship II. Litigation in Europe III. Conclusion 4. The Anti-stigma Principle I. Linking Interpersonal and Structural Stigma II. Models of Stigma and Public Health III. The Discrimination Virus IV. Conclusion 5. Public Action to Combat Discrimination I. Tackling a Public Health Virus: The Ebola Outbreak of 2014 II. The Transmission of Stigma III. Positive Action and the Public Sector Equality Duty (PSED) IV. Public Action to Tackle the Virus of Discrimination V. Conclusion 6. Stigma, Synergy and Intersectionality I. Understanding Intersectional Discrimination II. Categorisation in Anti-discrimination Law III. Addressing Intersectional Discrimination IV. Applying Intersectional Discrimination V. Conclusion

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