Constitutional and administrative law: general Books

Book SynopsisEach year, the Supreme Court of the United States announces new rulings with deep consequences for our lives. This third volume in Palgrave’s SCOTUS series describes, explains, and contextualizes the landmark cases of the US Supreme Court in the term ending 2020. With a close look at cases involving key issues and debates in American politics and society, SCOTUS 2020 tackles the Court’s rulings on LGBT discrimination, abortion regulation, subpoenas of the Trump administration, the Electoral College, DACA and presidential power, Native rights, cross-border rights, the Second Amendment, church and state, separation of powers, criminal justice, and more. Written by notable scholars in political science and law, the chapters in SCOTUS 2020 present the details of each ruling, its meaning for constitutional debate, and its impact on public policy or partisan politics. Finally, SCOTUS 2020 offers an analysis of the current state of ideological and interpretive divisions on the Court.Trade Review“SCOTUS 2020: Major Decisions and Developments of the U.S. Supreme Court offers an evenhanded, thoughtful overview of the Supreme Court’s October 2019 Term. … SCOTUS 2020 is accessible to nonlawyers and useful either as a pedagogical tool for learning about the Court, or for readers wanting a recap of the Term without wading through the opinions in all 16 cases it considers.” (Donald A. Daugherty, The Federalist Society Review, Vol. 22, 2021)Table of Contents1. Introduction: The 2019-2020 Term at the Supreme Court (Morgan Marietta)2. Bostock v. Clayton County on LGBT Employment Discrimination (Julie Novkov)3. Chiafalo v. Washington on Faithless Electors (Justin Dyer and erin Hawley)4. Department of Homeland Security v. University of California on DACA (John C. Eastman)5. Espinoza, Lady of Guadalupe, and Little Sisters of the Poor on Religious Liberty (Kevin Pybas)6. Hernández v. Mesa on Rights and Restitution for Victims of Excessive Force at the Border (Paul Collins and Rebecca Hamlin)7. June Medical Services v. Russo on State Regulation of Abortion Clinics (Gerald Rosenberg)8. Kahler v. Kansas on the Insanity Defense (Julia Bess Frank and Mark A. Graber)9. Kelly v. US on Public Fraud and the Bridgegate Controversy (Jennifer Bowie)10. McGirt v. Oklahoma on Native Rights (Carol Nackenoff and Natasha Markov-Riss)11. New York State Rifle & Pistol v. City of New York on Gun Regulation (Austin Sarat)12. Ramos v. Louisiana on Unanimous Juries (David Klein)13. Seila Law v. Consumer Finance Protection Bureau on Separation of Powers (Howard Schweber)14. Trump v. Mazars and Trump v. Vance on Presidential Subpoenas (Cornell Clayton and Joe Bolton)15. Ideology and the Court’s Work (Lawrence Baum)

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Book SynopsisA brilliant book' Alastair Campbell, The Rest is Politics''The essential, must-read insider account of the West's cat and mouse economic warfare against Russia and how it is changing the face of global trade. Magisterial and gripping' Catherine BeltonA brilliant, engagingly written and timely book' Owen MatthewsA very good book' Mark GaleottiUndeterred by eight years of timid US sanctions, Vladimir Putin ordered his full-scale assault on Ukraine on 24 February 2022. In the hours that followed, Western leaders weaponized economic tools in a world-changing financial experiment. The goal was to sap the strength of Putin's war machine by damaging its economy, without risking a global recession in the process.In Punishing Putin, veteran journalist Stephanie Baker uncovers how this furious financial war has unfolded, from seizing superyachts to manipulating the global price of oil to blocking the sale of military technology. Baker reveals how the West mobilized an army of white-collar-crime investigators to crack down on illicit Russian money, targeting oligarchs and their enablers for sanctions evasion.Filled with propulsive, fly-on-the-wall details, Punishing Putin takes us into the frantic backroom deliberations that led to a whole new era of economic statecraft and radically rearranged global alliances, influencing world order for generations to come.

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Book SynopsisEve Was Framed offers an impassioned, personal critique of the British legal system. Helena Kennedy focuses on the treatment of women in our courts - at the prejudices of judges, the misconceptions of jurors, the labyrinths of court procedures and the influence of the media. But the inequities she uncovers could apply equally to any disadvantaged group - to those whose cases are subtly affected by race, class poverty or politics, or who are burdened, even before they appear in court, by misleading stereotypes.Trade ReviewThis is a cogently argued examination of how the British legal system ignores, downgrades, underrates and discriminates against women-Kennedy has properly argued that a profession that practises law and pursues justice must be seen to be just, reasonable, unprejudiced, and open to public scrutiny. Bravissima! -- Julia Neuberger * Sunday Times *A powerful and authoritative polemic-brave, forceful and eloquent. It may even change things * Sunday Telegraph *A powerful and authoritative polemic-Kennedy cites precedents and incontrovertible evidence to show how a 'web of prejudice, privilege and misinformation affects women' in all their dealings with the law-brave, forceful and eloquent. It may even change things -- Jessica Mann * Sunday Telegraph *

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Book SynopsisPublic Law Concentrate is written and designed to help you succeed. Written by experts and covering all key topics, Concentrate guides go above and beyond, not only consolidating your learning but focusing your revision and maximising your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases.Revision guides you can rely on: trusted by lecturers, loved by students... The Concentrate books are my favourite revision guides as the quality of the information is always more comprehensive than others. Carly Hatchard, law student, University of BoltonThe Concentrate structure is extremely good, it makes it so much easier to revise ... no key information is left out, it''s a great series. Emma Wainwright, law student, Oxford Brookes UniversityThe detail in this revision textbook is phenomenal and is just what is needed to push your exam preparation to the next level - Stephanie Lomas, law stud

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Book SynopsisThe market-leading public law text: uses three key themes to tie the subject together with style and flair. The authors capture the dynamic nature of public law, covering essential topics and key contemporary debates, as well as offering fascinating insights.- Fresh, direct and clear writing style enables thorough understanding of the fundamentals, while engaging readers with difficult issues and debates- Three key themes guide students through the book - the importance of executive accountability, the shift from political to legal constitutionalism, and multilayered governance - demonstrating the interlinking strands of public law- Practical examples illustrate the importance of public law to everyday life in the UK and discussion questions encourage students to consider contentious issues- Expert commentaries at the end of every chapter allow students to see the debates within each topic first-hand- Also available as an e-book and on Law Trove enhanced with self-test questions and au

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Book SynopsisA concise and easy-to-read text that goes straight to the heart of public law.Constitutional and Administrative Law guides readers through the key principles of public law, examining significant cases and recent developments along the way. Broad coverage is presented in a concise and easy-to-read format, accompanied by chapter summaries and self-test questions, making this title a must for undergraduates of all levels.Key features- Concise and approachable writing style that allows students to easily understand the foundations of public law- Debate is introduced through short extracts and brief summaries which get to the heart of key issues- Self-test questions develop students'' understanding of the subject- Extensive further reading suggestions enable students to supplement their knowledge and widen their understandingNew to this Edition- Thoroughly updated to cover all the latest developments in public law, including the Dissolution and Calling of Parliament Act 2022, the Senedd Cymru (Members and Elections) Acts 2024, and the effect of the proposed House of Lords (Hereditary Peers)- Analysis of the separation of powers implications of the Post Office scandal and the Safety of Rwanda (Asylum and Immigration) Act 2024- Consideration of the significance of the Northern Ireland Protocol/Windsor Framework Agreement and the further legal challenge brought against it in Allister v Secretary of State for Northern Ireland (2023)- Updated coverage of police powers and public order, including the new powers of suspicionless stop and search under s 11 of the Public Order Act 2023, and the amendments made to police powers relating to public processions and public assemblies (under the Public Order Act 1986) by the Police, Crime, Sentencing and Courts Act 2022Digital formats and resourcesThe thirteenth edition is available for students and institutions to purchase in a variety of formats: the e-book and Law Trove offer a mobile experience and convenient access along with functionality tools and navigation features. For more information about e-books, please visit www.oxfordtextbooks.co.uk/ebooks

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Book SynopsisAbusive Constitutional Borrowing outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism.Trade ReviewDixon and Landau document the extent to which autocratic leaders have figured out how to convert independent courts and written rights guarantees into tools for consolidating power, repressing the opposition, and sidelining minorities. They support this account with a remarkable range of empirical examples, drawn from virtually all regions of the constitutional world. * Thomas M. Keck, Law & Social Inquiry *Table of Contents1: Introduction: A Dark Side of Comparative Constitutional Law 2: Democracy and Abusive Constitutional Change 3: The Concept and Scope of Abusive Constitutional Borrowing 4: The Abuse of Constitutional Rights 5: Abusive Judicial Review 6: The Abuse of Constituent Power 7: The Abusive Borrowing of Political Constitutionalism and Weak-Form Judicial Review 8: Can Abusive Borrowing Be Stopped?

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Book SynopsisA series of letters by some of America's Founding Fathers, whose defenses of the Constitution are still relevant todayOriginally published anonymously, The Federalist Papers first appeared in 1787 as a series of letters to New York newspapers exhorting voters to ratify the proposed Constitution of the United States. Still hotly debated, and open to often controversial interpretations, the arguments first presented here by three of America’s greatest patriots and political theorists were created during a critical moment in our nation’ s history, providing readers with a running ideological commentary on the crucial issues facing democracy. Today The Federalist Papers are as important and vital a rallying cry for freedom as ever. This edition features the original eighteenth-century text, with James Madison’s fascinating marginal notations, as well as a complete text of the Constitution.For more than seventy yea

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Book SynopsisThe Chinese political system has not been hospitable to political dissidence. From the end of the Cultural Revolution fighting in 1968 up to 1976, the year of Mao''s death -- an eight year period marked by radical policy-making and political infighting -- only a single significant piece of dissident writing obtained wide circulation in China. This dissident manifesto, On Socialist Democracy and the Legal System, an angrily sardonic essay written in 1974 by a small group of young intellectuals in Canton, probed into the country''s political ailments and sought answers to the breakdown of due process of law. The two major authors of that essay subsequently emerged during the ''democracy movement'' of 1979-81 as nationally influential writers on questions of bureaucracy, Party dominance, and democratic reform. This book examines their writings, from the famous On Socialist Democracy and the Legal System through their arrests and release, down to the lengthy 1980 essay Mao Zedong and the Table of ContentsIntroduction, Part I. The Li Yizhe Manifesto, Part II. The Arrest and Political Vindication of Li Yizhe, Part III. The Evolving Thought of Wang Xizhe and Li Zhengtian, Notes, Bibliography, About the Editors

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Book SynopsisThe Chinese political system has not been hospitable to political dissidence. From the end of the Cultural Revolution fighting in 1968 up to 1976, the year of Mao''s death -- an eight year period marked by radical policy-making and political infighting -- only a single significant piece of dissident writing obtained wide circulation in China. This dissident manifesto, On Socialist Democracy and the Legal System, an angrily sardonic essay written in 1974 by a small group of young intellectuals in Canton, probed into the country''s political ailments and sought answers to the breakdown of due process of law. The two major authors of that essay subsequently emerged during the ''democracy movement'' of 1979-81 as nationally influential writers on questions of bureaucracy, Party dominance, and democratic reform. This book examines their writings, from the famous On Socialist Democracy and the Legal System through their arrests and release, down to the lengthy 1980 essay Mao Zedong and the Table of ContentsIntroduction, Part I. The Li Yizhe Manifesto, Part II. The Arrest and Political Vindication of Li Yizhe, Part III. The Evolving Thought of Wang Xizhe and Li Zhengtian, Notes, Bibliography, About the Editors

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Book SynopsisThis book investigates corruption and anti-corruption efforts in Africa, emphasising the regional and thematic differences across the continent, whilst also exploring key patterns and trends.Combatting the ethnocentrism of Western corruption research, this book highlights the importance of a home-generated and contextualised approach to understanding corruption in Africa. Bringing together a rich array of qualitative, quantitative, and mixed methods research, the book considers how corruption manifests in a range of selected countries across the political, economic, and social spheres. The book adopts a strong comparative approach, exploring patterns, dynamics, and mechanisms in African societies. It assesses the historical underpinnings of corruption, emerging trends, and socio-economic realities before suggesting realistic contemporary solutions to the challenges of corruption in Africa. Bringing together academics and practitioners, readers will encounter intellectual disc

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Book SynopsisEvery day, in every court and tribunal, advocates represent us all - Crown and defendant, landlord and tenant, rich and poor, honest and false alike. What are the duties to court and client? This book surveys the role of advocates at every stage of their work.

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Book SynopsisConstitutional Law, Administrative Law, and Human Rights provides an introduction to public law which draws on developments in politics, the law and society to help the reader gain a fundamental appreciation of the law in its wider context.Table of ContentsPart I: Theoretical Principles 1: Defining the constitution? 2: Parliamentary sovereignty 3: The rule of law and the separation of powers 4: The royal prerogative Part II: The Institutions and Operation of National Government 5: The House of Commons 6: The House of Lords 7: The electoral system 8: Parliamentary privilege 9: Constitutional conventions Part III: The Geographical Separation of Powers 10: Local government 11: Parliamentary sovereignty within the European Union 12: The governance of Scotland and Wales Part IV: Administrative Law 13: Substantive grounds of judicial review 14: Procedural grounds of judicial review 15: Challenging governmental decisions: the process 16: Locus Standi Part V: Human Rights 17: Human Rights I: traditional perspectives 18: Human Rights II: emergent principles 19: Human Rights III: the Human Rights Act 1998 20: Human Rights IV: the impact of the Human Rights Act 1998 21: Human Rights V: governmental powers of arrest and detention Part VI: Conclusions 22: A revolution by due process of law? Leaving the European Union 23: Conclusion

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Book Synopsis''A nation without a national government is an awful spectacle.''In the winter of 1787-8 a series of eighty-five essays appeared in the New York press; the purpose of the essays was to persuade the citizens of New York State to ratify the Constitution of the United States. The three authors - Alexander Hamilton, James Madison, and John Jay - were respectively the first Secretary of the Treasury, the fourth President, and the first Chief Justice of the Supreme Court in American history. Each had played a crucial role in the events of the American Revolution; together they were convinced of the need to weld thirteen disparate and newly-independent states into a union. Their essays make the case for a new and united nation, governed under a written Constitution that endures to this day.The Federalist Papers are an indispensable guide to the intentions of the founding fathers who created the United States, and a canonical text in the development of western political thought. This new edition pays full attention to the classical learning of their authors and the historical examples they deploy. ABOUT THE SERIES: For over 100 years Oxford World''s Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford''s commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more.Trade ReviewAdmirable introduction...Oxford University Press is to be congratulated on adding it to its collection of World's Classics. * Howard Temperley, TLS *

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Book SynopsisSamantha Barbas presents a long-overdue biography of the legendary civil liberties lawyer—a vital and contrary figure who both defended Ulysses and fawned over J. Edgar Hoover.Trade Review"A fascinating and thoroughly researched biography of an important twentieth-century figure whose tragic flaws denied him a place of honor in the roster of great civil liberties lawyers despite his remarkable accomplishments. . . . Barbas’s engrossing and lucid examination of the rise and fall of Morris Ernst comes at an opportune time." * Los Angeles Review of Books *“A lively and illuminating portrait of one of the major figures in the history of American civil liberties. Barbas captures Ernst in all his glory and complexity, revealing how a man who was once the country’s leading liberal lawyer became a red-baiter and Hoover ally. Meticulously researched and elegantly written, The Rise and Fall of Morris Ernst is biography and legal history at its finest.” * Thomas Healy, author of The Great Dissent: How Oliver Wendell Holmes Changed His Mind—and Changed the History of Free Speech in America *“Does Morris Ernst need a biography? Yes, definitely. His is a fascinating story of a major civil libertarian who pioneered the expansion of freedom in American life then blew it all through obsessive anti-Communism. Barbas writes beautifully, and this lively, lucid book is a pleasure to read. More than that, her biography is especially significant today since so many of the issues Ernst fought against are still urgently relevant in American political discourse.” * Ellen Schrecker, author of The Lost Promise: American Universities in the 1960s *“How could one man have been both a leading defender of the First Amendment and an avid fan of J. Edgar Hoover? Barbas’s fascinating biography answers that question by telling the remarkable story of one of the nation’s most influential, and complicated, civil liberties lawyers.” * David Cole, national legal director of the American Civil Liberties Union *“Ernst was a singular warrior for the freedom of expression, ultimately undone by his paradoxical embrace of Hoover and McCarthy. Barbas’s biography is a sharp, fast-paced account of a twentieth-century civil libertarian who fought for causes that are still vital today.” * Nadine Strossen, author of HATE: Why We Should Resist It with Free Speech, Not Censorship *"The ACLU’s general counsel for decades, Morris Ernst was renowned for his audacious fights against artistic censorship in the US. He successfully defended Ulysses against obscenity charges,litigated groundbreaking reproductive rights cases, and supported the widespread expansion of protections for sexual expression, union organizing, and public speech. Yet Ernst was also a man of stark contradictions, waging a personal battle against Communism, defending an autocrat, and aligning himself with FBI Director J. Edgar Hoover’s inflammatory crusades. Barbas concludes that Ernst both transformed free speech in America and inflicted damage to the cause of civil liberties." * Law & Social Inquiry *"Barbas’s book, which has a much broader scope than the Ulysses litigation, is a timely and important reminder that individual action can make a difference." * James Joyce Quarterly *"Barbas’s qualifications as a law professor and First Amendment scholar serve readers well, particularly when she discusses how Ernst eschewed precedents in the courtroom and focused, instead, on making forceful legal arguments that often were grounded in contemporary community standards. Through flowing prose and carefully selected evidence from a wide range of sources, Barbas brings Ernst’s life and sometimes-contradictory career into clear focus." * The Journal of American History *"Samantha Barbas’s The Rise and Fall of Morris Ernst, Free Speech Renegade is a crisp, lively biography of New York City lawyer Morris Leopold Ernst. Barbas presents a valuable account of the life and career of the long-neglected Ernst (1888–1976)." * American Historical Review *Table of ContentsIntroduction 1 Early Years 2 Williams 3 New York 4 Greenbaum, Wolff, and Ernst 5 Adventures 6 Free Speech Lawyer 7 To the Pure 8 The Sex Side of Life 9 Sex Wins in America 10 Troubled Times 11 Freedom for the Thought That We Hate 12 Ulysses 13 The Importance of Being Ernst 14 Defending the New Deal 15 The Champion of Freedom 16 The National Lawyers Guild 17 Ernst vs. Hague 18 Controversy in the ACLU 19 The Turning Tide 20 Ernst at His Worst 21 Desperate Moves 22 Utopia 1976 Acknowledgments Notes

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Book SynopsisAdministrative Law provides a detailed and clear examination of what is a conceptually difficult area of law. Craig s thorough and contextual approach to the subject has prompted thought, discussion, and understanding amongst all those interested in the subject.

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Book SynopsisEssential Constitutional and Administrative Law for SQE1 explains key principles of the UK constitution, the organs of the state, judicial review, as well as retained EU law/assimilated law, in a clear, concise, and easy-to-understand style. The use of practical examples allows such key principles to be effectively introduced and illustrated. It demonstrates the importance of the system of supremacy and the rule of law and how the concept of separation of powers ensures effective governance, including an understanding of human rights legislation and public order law.The book provides a clear and structured approach with opportunities to apply the relevant principles to the law. The book also includes a range of interactive features including:â Revision points: Each chapter concludes with a concise list of key revision points.â Multiple Choice Questions: Each section of the book provides multiple choice questions following the SQE1 question format (with answers t

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Book SynopsisKeith Ewing is Professorof Public Law at King's College London. He has provided extensive work on the book from the 11th? to the 18th? editions. Christopher Knight is a barrister at 11KBW who practices Public Law. Amongst many other cases, he was Junior Counsel for the Secretary of State in 'Miller'. He has published widely and is a member of the Editorial Committee of the journal Public Law. Anthony Bradley was a Professor of Constitutional Law at the University of Edinburgh before becoming a practicing barrister in London. From 2002 to 2005 he was Legal Advisor to the House of Lords Committee on the Constitution. His publications include 'Janis', 'Kay and Bradley', European Human Rights Law: Text and Materials (3rd edition, 2008).Table of ContentsPart I: Sources, structure and principles Constitutional law – its meaning and sources The structure of the United Kingdom Parliamentary supremacy The rule of law Responsible and accountable government United Kingdom and the European Union Part II: The institutions of government Composition of Parliament Role and Functions of Parliament Privileges of Parliament The Crown and royal prerogative Cabinet, government departments and civil service Public bodies and public appointments Courts and the administration of justice Part III: Personal liberty and human rights Human Rights Act Right to liberty and police powers Right to privacy and surveillance powers Right to freedom of expression Freedom of association and assembly State security and official secrets Exceptional and Emergency powers Part IV: Administrative law What is administrative law? Delegated legislation Administrative justice Judicial review I: the grounds of review Judicial review II: procedure and remedies Liability of public authorities

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Book SynopsisTaking a unique and critical approach to the study of Public Law, this book explores the main topics in UK Public Law from a range of underexplored perspectives and amplifies the voices of scholars who are underrepresented in the field. As such, it represents a much-needed complement to traditional textbooks in Public Law. Including insights from a diverse list of contributors, the book: • Enriches students’ understanding of the dynamics that emerge within public law; • Highlights the impact of historical and societal inequities on public law norms; • Demonstrates the ways in which those norms may impact minorities and perpetuate inequalities. With most chapters written by underrepresented or minoritised persons in the field, this text offers students a critical, rich, and insightful approach to public law.Table of ContentsIntroduction ~ Se-shauna Wheatle and Elizabeth O’Loughlin Part I: Constitutional Structures and Concepts 1. The Rule of Law and Racial Difference in the British Empire ~ Kanika Sharma 2. Parliamentary Supremacy and the People ~ Donal K. Coffey 3. Strong Executive, Weak Parliament? ~ Paul F. Scott 4. Legislating for Seismic Events: An Examination of the Role of Delegated Legislation ~ Alexandra Sinclair 5. Scotland, Devolution and Independence: A Union at its Limits? ~ Coree Brown Swan 6. Diverse Voices in the Judiciary ~ Alysia Blackham Part II: The Individual and the State 7. The Begum Case, Discretion and Parliamentary Sovereignty: Unmaking the Constitutional Subject ~ Devyani Prabhat 8. Racialisation in UK Counterterrorism Law and Policy ~ Tufyal Choudhury 9. Racism, Law and the Police: Over 50 Years of Anti-discrimination Law and Policing ~ Ben Bowling and Shruti Iyer 10. The Administration of Social Security Benefits: Gendered Implications ~ Ciara Fitzpatrick 11. Administrative Violence: First-Instance Decision Making in Sexual Diversity Asylum Claims ~ Alex Powell A More Diverse Public Law: Suggested Further Reading

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Book Synopsis For the first time ever, a retired Supreme Court Justice offers a manifesto on how the Constitution needs to change. By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. Six Amendments is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens''s own Court opinions legendary for their clarity as well as logic, Six Amendments is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.

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Book SynopsisInvites readers to consider today’s timeless dilemmas of law and government, social justice, and human rights, through the perspective of a text that has helped shape western society: the Hebrew Bible.Trade ReviewThis is an excellent introduction to law through biblical stories. At the same time, it is also a wonderful introduction to the Hebrew Bible through legal thinking." - Vered Karti Shemtov, Stanford University"...takes well known biblical stories and trains the attention onto their legal significance, thereby offering a fresh and fascinating way of understanding them. Barak-Erez’ deep and deft analysis challenges us to think about the legal issues as if they happened today, understand their intricacy, and reflect upon the outcome." - Pnina Lahav, Boston UniversityTable of Contents Introduction Part I: Law and Government Part II: Judges and Judging Part III: Human Rights and Social Justice Part IV: Criminal Law Part V: Private Law Part VI: Family and Inheritance Law Epilogue Acknowledgments Index

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Book SynopsisDavid Boyd shows that recognition of the right to a healthy environment is not only growing, it is having a profound influence on public policy and environmental protection.Trade ReviewWhat sets this book evidently apart from all the existing publications in the field is its empirical approach…in an earlier endorsement for this book’s marketing, I declared that it ‘breaks new ground in terms of approach, content, scope, and methodology and is well worth a place on the bookshelves of anyone who takes environmental rights and governance seriously’. After this recent reassessment of the book, I can only reiterate these sentiments. -- Louis J Kotzé, Professor, North-West University, South Africa * Journal of Human Rights and the Environment, Vol. 4 No. 1 *Boyd’s book forms an indispensable and influential addition to this literature not only due to the strength and comprehensiveness of its comparative legal analysis, but also because of the important empirical questions it seeks to answer as well as raises for future research. Indeed, by conducting the first serious and systematic empirical study of the environmental implications of the right to a healthy environment, Boyd has moved this field beyond the speculative and abstract arguments typical of earlier scholarship...Boyd’s meticulous examination of the legal status of the right to a healthy environment in close to a hundred countries provides powerful evidence of its salience to legal systemsaround the world...The Environmental Rights Revolution forms an important, pioneering effort for understanding the legal influence and broader significance of the right to a healthy environment. As a result, the variety of empirical puzzles and questions that it leaves in its wake should continue to influence research in this field for many years to come. -- Sebastien Jodoin * McGill International Journal of Sustainable Development Law and Policy, Volume 8: Issue 1 *Table of ContentsPart 1: The Emergence and Evolution of a New Human Right1 Constitutions, Human Rights, and the Environment: The Context2 The Right to a Healthy Environment: Framing the Issues3 The Prevalence and Enforceability of Environmental Provisions in National Constitutions4 The Influence of International LawPart 2: The Constitutional Right to a Healthy Environment in Practice5 A Framework for Assessing the Legal Influence of the Right to a Healthy Environment6 Latin America and the Caribbean7 Africa8 Asia9 Eastern Europe10 Western EuropePart 3: Evaluating the Impacts of Environmental Provisions in Constitutions11 Lessons Learned: Practical Experiences with the Right to a Healthy Environment12 Do Environmental Provisions in Constitutions Influence Environmental Performance?13 An Idea Whose Time Has ComeAppendicesAppendix 1. Research MethodsAppendix 2. Online Database: All Current Environmental Provisions from National ConstitutionsNotesReferencesIndex

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Book SynopsisThis textbook provides a thorough and accessible introduction to the basic principles of United Kingdom Constitutional and Administrative Law, including Human Rights Law. It has been revised and updated to reflect recent developments, both legal and political. The fundamental concepts of UK Constitutional and Administrative Law are explained in a clear, engaging, succinct style, making them straightforward for students to understand so they build up their knowledge of the subject systematically and thoroughly. This book is also an essential starting point for more advanced law students and a valuable source of legal context for political science students alike. Both authoritative and accessible, it enables the reader to appreciate the nature and complexity of this most fundamental part of our legal system.New to this Edition:- Updated content on Brexit, in particular the changing relationship between Government and Parliament as reflected in the various votes which have taken place ove

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Book SynopsisThis casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.Trade ReviewThe incredible richness of the materials collected in this book and the soundness of the in-depth analysis provided in all the chapters will certainly represent a very useful resource for classes and research in comparative administrative law and judicial systems. -- Giulio Napolitano, University of Roma Tre * Review of European Administrative Law *Table of Contents1. CONSTITUTIONAL STRUCTURE AND BASIC CHARACTERISTICS OF THE LEGAL SYSTEMS EXAMINED (CONCERNING JUDICIAL REVIEW) Thomas Perroud 2. ORGANISATION OF JUDICIAL REVIEW IN ADMINISTRATIVE MATTERS AND INTRA-ADMINISTRATIVE OBJECTION PROCEDURE Mariolina Eliantonio 3. TYPES OF ADMINISTRATIVE ACTION AND CORRESPONDING REVIEW Mariolina Eliantonio and Franziska Grashof 4. ACCESS TO COURT Chris Backes 5. CONDUCT OF COURT PROCEEDINGS Mike Varney 6. GROUNDS OF REVIEW AND STANDARD OF REVIEW Hermann Pünder and Anika Klafki 7. REMEDIES AND CONSEQUENCES OF COURT DECISIONS Emilie Chevalier 8. APPELLATE PROCEEDINGS Rob Widdershoven 9. STRUCTURE AND STYLE OF JUDGMENTS Chris Backes 10. NON-JUDICIAL REDRESS MECHANISMS Mike Varney 11. LIABILITY OF THE ADMINISTRATION Hermann Pünder and Anika Klafki

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Book SynopsisIs the government really acting for the people? Or does this rhetoric simply justify an executive power-grab? For some, Boris Johnson’s premiership epitomised how far the UK’s democracy has been captured by populism and the Prime Minister seemed more concerned about fulfilling the wishes of the British people than with following the rules or listening to Parliament. Events like ‘Partygate’ grabbed the headlines. Criticisms of Boris Johnson’s actions eventually led to his resignation and replacement as leader of his party and Prime Minister. Some feel that this shows that the UK’s constitution is healthy, with checks and balances in place to prevent any possible abuse of power. While these events attracted much media attention, other constitutional changes have been taking place with little public awareness. These have strengthened governmental powers and weakened political and legal checks over governmental actions. Deliberation is being replaced by rhetoric and principles of good government no longer seem to restrain the actions of those in power. Alison Young provides the first consolidated account of these changes, arguing that the UK is currently on a constitutional cliff-edge which endangers democracy and good constitutional government. She argues that more is needed to shore up the UK’s post-Brexit constitution to prevent it collapsing into a system of unchecked power.Table of Contents1. The Post-Brexit Constitution: Standing on a Constitutional Cliff Edge? 2. What Is Populism and Should We Be Worried? 3. Is the Government Getting Too Big for Its Boots? 4. Checks and Balances or Crowing and Bolstering? 5. Constitutional Guardrails or Greasy Poles? 6. Getting Things Done or Putting on a Show? 7. Constitutional Watchdogs: Rottweilers or Lapdogs? 8. Should We Be Afraid and if So What Should We Do about It?

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Book SynopsisThis books provides a contextual analysis of the constitution of the European Union which, unlike most constitutions, does not belong to a state. Rather, the EU is an international organization that has moved beyond the features of international law into a terrain very close to the municipal law of federal states. Many features we take for granted in nation-states are non-existent, or contested, in the Union. There is no European Union constitutional text in the proper sense; the “Constitutional Treaty” signed by the Member States in 2004 failed spectacularly in the process of popular ratification. The Union’s founding texts were international treaties – international law, not constitutional law. And yet, over time, legal doctrine put into place by the European Court of Justice in Luxembourg has led to constitutional attributes of Union law, and political practice, led by the Commission, has mirrored these attributes, complementing a de facto constitutionalist environment. As a consequence, we have seen a steady re-ordering of the functional boundaries of the Member States, followed by a nascent re-ordering of the imagined boundaries of political community and self. All of this is constitutionalism writ large: legal doctrines, institutional arrangements, political practices, and their implications for legitimacy, democracy, and political self-imagination, and together they form the subject of this fascinating book.

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Book SynopsisEach year, the Supreme Court of the United States announces new rulings with deep consequences for our lives. This fourth volume in Palgrave’s SCOTUS series describes, explains, and contextualizes the landmark cases of the US Supreme Court in the term ending 2021. With a close look at cases involving key issues and debates in American politics and society, SCOTUS 2021 tackles the Court’s rulings on voting rights, Obamacare, LGBT rights, climate change, college sports, property rights, separation of powers, parole for youth offenders, immigration, religious liberty, free speech, and more. Written by notable scholars in political science and law, the chapters in SCOTUS 2021 present the details of each ruling, its meaning for constitutional debate, and its impact on public policy or partisan politics. Finally, SCOTUS 2021 offers an analysis of the legacy of Justice Ruth Bader Ginsburg.Table of ContentsChapter 1: Introduction: The 2020-2021 Term at the Supreme CourtChapter 2: Alston v. NCAA on the Anti-trust Challenge to College Sports Chapter 3: BP v. Baltimore on Climate Change Chapter 4: Brnovich v. DNC on Voting Restrictions Chapter 5: California v. Texas on Obamacare Chapter 6: Cedar Point Nursery v. Hassid on Property Rights Chapter 7: Collins v. Mnuchin & US v. Arthrex on Separation of Powers Chapter 8: Federal Republic of Germany v. Philipp on Extra-territorial Rights Claims Chapter 9: Fulton v. City of Philadelphia on Free Exercise of Religion and LGBT Rights Chapter 10: Jones v. Mississippi on Life Without Parole for Youth Offenders Chapter 11: Mahanoy Area School District v. B.L. on Free Speech in High School Chapter 12: Pereida v. Wilkinson on Deportation of Noncitizens Chapter 13: Roman Catholic Diocese of Brooklyn & South Bay Pentecostal on Religious Liberty and the Pandemic Chapter 14: Tanzin v. Tanvir on RFRA and Damages Against Federal Officials Chapter 15: Torres v. Madrid on Use of Force Under the Fourth Amendment Chapter 16: Uzuegbunam v. Preczewski on Campus Free Speech Chapter 17: The Legacy of Justice Ruth Bader Ginsburg

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Book SynopsisVernon Bogdanor was, until 2010, Professor of Government at Oxford University. He is now a Research Professor at King's College, London, Gresham Professor of Law, a Fellow of the British Academy and an Honorary Fellow of the Institute of Advanced Legal Studies.Trade ReviewWhether Brexit will finally provide our "constitutional moment" is impossible to say. But you will not find a better account of why it should. Bogdanor's knowledge is second to none. * Prospect *Table of ContentsIntroduction. Chapter 1. Britain and Europe: The Poisoned Chalice. Chapter 2. Europe and the Sovereignty of Parliament. Chapter 3. Europe and the Referendum. Chapter 4. Europe and The Collective Responsibility of Ministers. Chapter 5. Europe and The Rights of the Citizen. Chapter 6. Brexit and Devolution: The Future of the United Kingdom. Chapter 7. Brexit: A Constitutional Moment?

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Book SynopsisThis book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.Table of Contents1. The Making of the Italian Constitution and its Evolution I. Introduction II. The Albertine Statute III. The Fascist Regime, the Second World War and the Transition to the Republic (1922–1945) IV. The Constituent Assembly (1946–1948) V. The Rigidity of the Republican Constitution VI. Procedures for and Limits on Constitutional Amendments VII. The Most Important Constitutional Amendments VIII. The Evolution of the Italian Republican Constitution IX. Conclusion Further Reading 2. The Italian Constitution within the ‘Composite’ European Constitution I. Introduction II. Openness to the International Order and its Foundations III. The Constitutional Principles on International Law IV. The ‘European Journey’ of the Constitutional Court V. The ‘Counter-limits’ Doctrine VI. The European Convention of Human Rights in the Italian Legal System VII. Constitutional Rules and Practice of Implementing EU Law VIII. Conclusion Further Reading 3. Popular Sovereignty and Separation of Powers I. Introduction II. The Democratic Principle in the Italian Constitution: The Right to Vote and to be Elected III. Direct Democracy: The Abrogative Referendum and its Different Usages IV. Representative Democracy: The Electoral System and its Evolution V. Conclusion Further Reading 4. Parliament I. Introduction II. The Italian Parliament in the Constitution III. A Symmetrical Bicameralism IV. The Internal Organisation of the Chamber and the Senate V. Privileges and Immunities of MPs VI. Parliamentary Rules of Procedure VII. The Legislative Process 2 VIII. The Budgetary Process IX. The Oversight Function X. Conclusion Further Reading 5. The Government: Between Politics and Administration I. Introduction II. The Structure of the Government III. The Confidence Relationship with the Two Houses of Parliament IV. The Primary and Secondary Normative Powers of the Government V. The Distinction between Politics and Administration VI. The Constitutional Principles on Public Administration VII. The Auxiliary Bodies and the Independent Authorities VIII. Conclusion Further Reading 6. The President of the Republic I. Introduction II. Election, Term of Office and Substitution III. The Responsibility of the President of the Republic IV. The Counter-signature and the Classification of the Acts of the President of the Republic V. The Shaping of the Role of the President of the Republic Throughout the Constitutional Experience VI. Conclusion Further Reading 7. Regional and Local Government I. Introduction II. Origins and Evolution of the ‘Republic of Autonomies’ III. The Constitutional Framework and its Delayed Implementation IV. Special and Ordinary Regions V. The Direct Election of the Presidents of the Regions and Statutory Autonomy VI. The Distribution of Legislative Competences between the State and Regions VII. Administrative Autonomy and the Principles of Subsidiarity and Loyal Cooperation VIII. Financial Autonomy IX. Local Authorities X. Conclusion Further Reading 8. The Judiciary I. Introduction II. The Evolution of the Judicial Function III. The Separation of Powers and Judicial Independence IV. The Organisation of the Judiciary V. Judicial Responsibility VI. Conclusion Further Reading 9. The Constitutional Court I. Introduction II. Historical Background III. The European Model of Constitutional Adjudication IV. The Constitutional Court: Composition and Functions V. The Court’s Delayed Establishment and First Years of Activity: Reviewing Fascist Legislation VI. A Variety of Remedies VII. The Incidental Procedure and the Relationship with Ordinary Courts VIII. The Constitutional Court and European Courts IX. The Relational Character of Italian Constitutional Adjudication and Internal Collegiality X. Conclusion Further Reading 10. Protection of Rights I. Introduction II. The Evolution of Constitutionalism and the ‘Age of Rights’ III. Inviolable Rights IV. The Italian Approach to Fundamental Rights: Personalism, Pluralism and Solidarity V. Codified Rights and New Rights VI. Limiting Rights VII. Judicial and Non-judicial Safeguards VIII. Key Rights IX. Conclusion Further Reading

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Book SynopsisTracing constitutional thought from the Enlightenment to the present, Martin Loughlin shows how a tool for the protection of self-government has become a means for subverting popular will. Across the globe, constitutions now displace democratic decision-making, as courts interpret values in the law that ultimately trump legislative action.Trade ReviewLoughlin has written a short, dense book of considerable intellectual and political importance. Against Constitutionalism is an essential argument, forcefully made, and bristling with both learning and thinking. -- Jedediah Purdy, author of This Land Is Our Land: The Struggle for a New CommonwealthAgainst Constitutionalism does a wonderful job detailing the change in the nature of constitutional government that has taken place over the past hundred years and why those changes matter. This is a book that every serious student of constitutional government needs to read and think about. -- Mark A. Graber, author of Dred Scott and the Problem of Constitutional EvilIn this forceful critique of constitutionalism, Loughlin supplies us not only with an account of the emergence of a new ideology but also with a compelling analysis of its pathologies. It will surely engage the minds of jurists and legal scholars, but it should also be closely read by democratic theorists, who will find in these pages answers to questions they have been pondering for some time. -- Chandran Kukathas, author of Immigration and FreedomConstitutionalism and democracy, two notions that we are used to perceiving as a pair, are here opposed to each other. Loughlin’s thesis—that constitutionalism must cede if democracy shall thrive—is provocative enough to make this brilliantly written book one with which scholars will have to contend. -- Dieter Grimm, former Justice of the Federal Constitutional Court of GermanyA tightly-presented but far-ranging survey of both legal theory and practical example, Against Constitutionalism is a thoughtful and thought-provoking introduction to and analysis of the subject-matter. * Complete Review *The United States is in the grip of an ideology. Constitutionalism, a distinctive philosophy of governance, has quietly come to dominate and be taken for granted. So argues Against Constitutionalism, Loughlin’s ambitious account of how constitutionalism emerged, developed, and spread. The book’s central insight is that constitutionalism is not an empty vessel into which other commitments can be poured, but rather that it has its own values, logic, and normative commitments. -- Jonathan S. Gould * Harvard Law Review *Provocative…Loughlin is highly critical of the juridification of politics and identifies the EU as one of the main culprits in this process…Loughlin’s key aim is thus to defend constitutional democracy against constitutionalism—a task that can only be pursued at local and national level against the hubris of ‘the cosmopolitan project. -- Stefan Auer * Contemporary Political Theory *An important book that will occupy a prominent place in the contemporary discussion of constitutional theory. It is, perhaps, Loughlin’s most important book, one in which the author revisits and recreates theoretical concerns that he has been working on for decades…Both for its singular virtues and for the intensity of the controversies it is bound to arouse, Against Constitutionalism represents a remarkable work. -- Roberto Gargarella * University of Toronto Law Journal *[This book] brilliantly targets the principal legal dogma of the past 40 years: that well-ordered societies need elite protection from democracy, not least for the sake of rights. It isn’t, Loughlin contends, just that the juristocratic turn has elicited popular backlash while harmonising with economic liberalism. It has increasingly undone self-government. -- Samuel Moyn * New Statesman *Against Constitutionalism is a brilliant book—an erudite study not only of the historical evolution of the concept of constitutionalism but also of the contested meanings of associated concepts, including sovereignty, constituent power, and the state…A must-read book for anyone who is interested in the fate of constitutional democracy. -- Yasmin Dawood * Balkinization *

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Book SynopsisThe definitive account of an icon who shaped gender equality for all women. In this comprehensive, revelatory biography — fifteen years of interviews and research in the making — historian Jane Sherron De Hart explores the central experiences that crucially shaped Ginsburg’s passion for justice, her advocacy for gender equality, and her meticulous jurisprudence. At the heart of her story and abiding beliefs was her Jewish background, specifically the concept of tikkun olam, the Hebrew injunction to ‘repair the world’, with its profound meaning for a young girl who grew up during the Holocaust and World War II. Ruth’s journey began with her mother, who died tragically young but whose intellect inspired her daughter’s feminism. It stretches from Ruth’s days as a baton twirler at Brooklyn’s James Madison High School to Cornell University to Harvard and Columbia Law Schools; to becoming one of the first female law professors in the country and having to fight for equal pay and hide her second pregnancy to avoid losing her job; to becoming the director of the ACLU’s Women’s Rights Project and arguing momentous anti-sex-discrimination cases before the US Supreme Court. All this, even before being nominated in 1993 to become the second woman on the Court, where her crucial decisions and dissents are still making history. Intimately, personably told, this biography offers unprecedented insight into a pioneering life and legal career whose profound impact will reverberate deep into the twenty-first century and beyond.Trade Review‘Readable and rewarding … Ginsburg is a true-blue legal icon.’ -- Michelle Olsen * NPR *‘Engaging and admiring.’ * The Wall Street Journal *‘An accomplished account of Ginsburg’s life that also probes the fissures of feminism as it developed over the past 70 years … offers a humane and definitive portrait of Ginsburg’s life and times, full of context and colour.’ -- Frieda Klotz * Sunday Independent *‘[A]n excellent biography based on archives and interviews with colleagues and friends: In its comprehensiveness, range and attention to detail, this is a vivid account of a remarkable life ... De Hart’s chapters on the landmark cases Ginsburg argued, which were the original core of her book project, are detailed and accessible.’ -- Jeffrey Rosen * The Washington Post *‘In a revealing new biography, 15 years in the making, Jane Sherron De Hart helps untangle the mystery of the decorous Ginsburg as feminist gladiator.’ -- Dahlia Lithwick * The Atlantic *‘This hefty book of more than seven hundred pages portrays the history of an outstanding legal expert known and applauded for her advancement of gender equality and civil rights. It is an American story that should be read as an example of what is possible when one has family support, internal grit, moral certainty, and scholarly expertise. Read about Ginsburg’s role in the ACLU, look into case histories, watch her as a college professor, look at the political wrangling, and examine her performance as a judge in the Appeals Courts and as a Supreme Court Justice. This is a wondrous tale, recorded well, that resounds as an American epic.’ -- Aron Row * Seattle Book Review *‘An in-depth biography of the Supreme Court justice who has become a pop-culture icon.’ * USA Today *‘De Hart’s thorough biography relates this life story with a nice sense of the sweep of feminist and legal history that is contained within it.’ * Minneapolis Star Tribune *‘The first comprehensive biography of Ruth Bader Ginsburg … De Hart excels in explaining the majority opinions, and later the dissents, in which she participated with remarkable clarity, illuminating the issues, the competing positions, and the significance of each in language easily grasped by readers with no legal training (for a nonlawyer, De Hart has a remarkable grasp of court jurisprudence) ... A monumental biography of one of the most influential and revered Supreme Court justices of the last century.’ STARRED REVIEW * Kirkus Reviews *‘De Hart's great strength is her ability to explain Ginsburg's cases and the legal strategies she employed … An insightful, fascinating, and admiring biography of one of America's most extraordinary jurists.’ * Publishers Weekly *‘Meticulously researched … Ginsburg’s career is skillfully placed within the context of American social and political history.’ * Library Journal *‘Passionate and thorough … A major event in scholarship on American law.’ * Washington Monthly *‘Scholarly, yet accessible … Rewarding and compelling.’ * Pittsburgh Post-Gazette *‘Magisterial and timely … Written in clear language and grounded in historical context.’ * The Forward *‘Compelling … De Hart succeeds in showing us that the 107th person to be appointed to the Supreme Court is much more than a pop culture icon.’ * Jewish Journal *‘A masterful biography that adds depth and insight to Ginsburg's only-in-America life story.’ -- Kenneth Jost * Washington Independent Review of Books *‘De Hart displays an impressive grasp of each area of Ginsburg's legal influence, from women's rights to voting rights to gay rights to immigrant rights, with a particular focus on striking down laws that discriminated on the basis of gender.’ -- Mary Ann Gwinn * Newsweek *‘Does a daunting job of restoring Ginsburg’s impressive roots … As Martin Luther King Jr. said, ‘The arc of the moral universe is long, but it bends toward justice.’ De Hart leaves no doubt that, in Justice Ginsburg’s hands, that arc will undoubtedly continue to bend.’ -- Priscilla Kipp * BookPage *‘A rigorous, comprehensive, deftly written biography.’ * The National Book Review *‘Couldn't have come at a more opportune time ... This in-depth tome clocks in at more than 500 pages, but promises a first-of-its kind look inside RBG's personal and professional lives ... already at the top of our holiday shopping lists for the formidable women and girls in our lives.’ -- Quinn Keany * Popsugar *‘De Hart dynamically devotes more than 500 pages to the amazing life of Supreme Court Justice Ruth Bader Ginsburg … This extensively documented account … is also quite engaging and very easy to read.’ STARRED REVIEW -- Kathleen McBroom * Booklist *Praise for Women's America: refocusing the past: ‘Women's America is exceptional at providing a variety of perspectives, experiences, and knowledge about women's economic, social, cultural, political, and sexual lives throughout a broad expanse of time and geography.’ -- Sandra Slater, College of Charleston

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Book SynopsisThis book investigates how to determine the substantive content of the legal obligations of corporations both to avoid harming fundamental rights and to contribute towards realising them. In doing so it outlines a multi-factoral approach for determining such obligations and proposes legal and institutional reforms nationally and internationally.Trade Review'A deeply thoughtful and powerful argument is made in this book that corporations do have legal obligations for their human rights impacts and that decision-makers should act on this. It draws on the author's profound conceptual knowledge and innovative reasoning to offer persuasive and insightful approaches to these important issues. A pleasure to read.' Robert McCorquodale, University of Nottingham'Bilchitz brilliantly weaves theory and reality into a compelling assessment of corporate obligations for fundamental rights. This nuanced and comprehensive coalescence of law and theory on corporate obligations for fundamental rights is set to be the new epicentre around which the business and human rights discourse will oscillate for decades to come.' Bonita Meyersfeld, Professor at Wits Law School in Johannesburg, South Africa'This is a highly timely and important contribution to the debate about the human rights obligations owed by companies. Hitherto, relatively little has been said about how we are to determine those obligations in law. This book fills that gap admirably. Covering a wide range of relevant issues, David Bilchitz offers us a deeply reasoned way forward. The book is a road map of how to reform the law to allow for greater human rights accountability for corporations. It is bound to provoke debate for a long time to come and to stimulate reform ideas. A magisterial effort.' Peter Muchlinski, Emeritus Professor of Commercial Law, The School of Oriental and African Studies, University of London'This book offers an original 'multi-factoral' analytical model to determine contours of the fundamental rights obligations of corporations and proposes ways to operationalize these obligations at national and international levels. Bilchitz's analysis not only fills gaps but also challenges several dominant narratives in the business and human rights field.' Surya Deva, Professor, Macquarie Law School, SydneyTable of Contents1. The Nature and Purpose of the Corporation in Law; Part I: Legal Doctrinal Models for Addressing the Substantive Obligations of Non-State Actors for Fundamental Rights: 2. The State Duty to Protect Model; 3. The Indirect Application Model; 4. The Expanding the State Model; 5. The Direct Obligations Model; Part II: Towards a Multi-Factoral Model for Determining the Substantive Content of Corporate Obligations: 6. The Justification for and Contours of a Multi-Factoral Approach; 7. A Balancing Act – Proportionality in the Corporate Sphere; 8: The Multi-Factoral Model and Positive Obligations for Corporations; Part III: The Institutional Implications of the Multi-Factoral Model; 9: Embedding the Multi-Factoral Model in Corporations: The Role of Corporate Law; 10: Corporate Obligations in a Global World: The Role of International Mechanisms.

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Book SynopsisExceptionally clear and incisive, Administrative Law is the essential guide to understanding this challenging area of the law. The author uses a variety of learning features to make complex points accessible and also to encourage reflection and debate. Chapters start with a ''look for'' section which outlines the key ideas in each chapter, pop quizzes appear throughout, and each chapter is wrapped up with a ''take home message'', critical questions, and a list of further reading.Digital formats and resourcesThe fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources include notes on key cases and legislation, guidance on answering the questions in the text, and a guide for lecturers on possible ways ofTrade ReviewReview from previous edition I really like this book. It has an impressive level of detail and yet is still accessible for students. It has good coverage and examples. I also really like the pedagogical features and think students would benefit from them. * David Barrett, Lecturer in Law, University of Exeter *One of the most authoritative books in administrative law * Theodore Konstadinides, Professor of Law, University of Essex *The structure is excellent and the book is engaging and accessible. To me this textbook sets a benchmark for administrative law. * Sophie Doherty, Assistant Professor in Law, Dublin City University *Table of ContentsPart I: Introduction 1: Administration and the principles of the constitution 2: The rule of law and the rule of judges 3: Convention rights and administrative law Part II: Process 4: Due process 5: Impartiality and independence 6: Reasons: process and substance Part III: Substance 7: Discretion and deference 8: Substantive fairness 9: Errors of law and control of fact-finding Part IV: Litigation 10: How to sue the government: judicial processes and judicial remedies 11: Standing: litigation and the public interest Part V: Administrative Justice 12: Tribunals 13: Ombudsmen Part VI: Private Law and Public Authorities 14: Torts 15: Contracts

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Book SynopsisTrade ReviewThis boldly revisionist history of FDR's effort to 'pack' the Supreme Court could not be more timely or relevant. Laura Kalman, one of the country's most important legal historians, offers a spellbinding exploration of the realm where law and politics met in 1937-and where, with the stakes as high as ever, they still meet today. * Linda Greenhouse, Yale Law School *By writing from the perspectives of the players, especially FDR, Laura Kalman casts much new light on an episode-the Court-packing plan-that many of us falsely believe we know all about. She writes vividly and leads readers to want to turn pages to find out what comes next. A wonderful read on an important topic. * Sanford Levinson, author of Framed: America's 51 Constitutions and the Crisis of Governance *One of the nation's preeminent legal historians, Laura Kalman provides an insightful and entertaining look at the New Deal constitutional crisis. Kalman shines a fresh light on the public and legislative reaction to Franklin Roosevelt's 'court-packing plan' and explains why Roosevelt was unable to persuade a Democratically-controlled Congress to increase the number of Supreme Court justices. FDR's Gambit is a must-read for anyone interested in the story behind this bold political move at a pivotal moment in the history of the Court and of the nation. * Brad Snyder, author of Democratic Justice: Felix Frankfurter, the Supreme Court, and the Making of the Liberal Establishment *With Supreme Court reform again bobbing up and down at the surface of political contention, Laura Kalman's meticulous examination of the political history of FDR's Court-packing plan cautions against any simple version of what happened. Moving almost day by day, Kalman shows how complicated the Court-packing plan's course was (like that of any piece of significant legislation). Was the plan a blunder by FDR? Maybe yes, maybe no. Was it doomed from the start? Perhaps, but perhaps not. Did politically savvy interventions by the Court and its Chief Justice derail the proposal? A bit, but perhaps not too much. Kalman's careful account lets readers come to their own conclusions about the plan's fate-and about the meaning of the episode for our own times. * Mark Tushnet, William Nelson Cromwell Professor of Law emeritus, Harvard Law School *Laura Kalman's revisionist account of the Court-packing crisis of 1937 delves more widely and deeply into the relevant archival materials and contemporary journalistic coverage than has any previous treatment. Her overview of the vast body of scholarship concerning constitutional development in the New Deal period is erudite and discerning. Even those who may differ with her normative perspective or with some of her interpretive conclusions will find much to learn from and admire in this absorbing and illuminating narrative. * Barry Cushman, John P. Murphy Foundation Professor of Law, University of Notre Dame *Laura Kalman has been a longtime participant in and observer of the ongoing debate about the political and legal significance of the Roosevelt Administration's introduction of a bill to expand the size of the Supreme Court in early 1937. This book is her most recent and extensive contribution to the debate. It demonstrates Kalman's great talent for archival research and exceptional command of scholarly literatures. Students of the New Deal, twentieth century American politics, and twentieth-century constitutional history are in debt to Kalman for her illuminating intervention into a scholarly issue of enduring significance. * G. Edward White, David and Mary Harrison Distinguished Professor, University of Virginia School of Law *The book will be useful in courses on the political process. * Choice *Table of ContentsAcknowledgments Preface Court Packing as History and Memory 1. Roosevelt v. "The Nine Old Men": March 1933-February 1936 2. Victory-and Its Fruits: April 6-December 26, 1936 3. Bright Prospects, Bold Opposition: January 1-March 3, 1937 4. A Change in Tune at the White House--and at the Court?: March 4-April 11, 1937 5. "Talk of Compromise...Heard Everywhere": April 12-May 25, 1937 6. "Prestige": May 18, 1937-November 8, 1938 7. Afterlife: 1937-2021 Afterword About those "later historians": Historians, Political Scientists, and Law Professors Confront "1937" Notes Index

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Book SynopsisWorldwide, people are circulating damaging lies and falsehoods through powerful social media platforms that reach billions. They range from claims that COVID-19 is a hoax to the theory that vaccines cause autism. In Liars, Cass Sunstein argues that free societies must generally allow falsehoods and lies, which cannot be excised from democratic debate. At the same time, governments should regulate specific kinds of falsehoods: those that genuinely endangerhealth, safety, and the capacity of the public to govern itself. Sunstein concludes that government and private institutions, like Facebook and Twitter, currently allow far too many lies, including those that threaten public health and democracy.Trade ReviewThis is a closely argued examination of lying and fake news, mainly in relation to US laws and organisations... He certainly shows it is a complex subject and offers some suggestions on how to deal with our Age of Deception without embracing Orwellian controls and restrictions. * Nigel Watson, Fortean Times *Sunstein has provided an excellent foundation for understanding the possible roles that the legal system and private institutions in the United States can play, bearing in mind, all the while, adherence to the First Amendment. * Clay Calvert, Criminal Law and Criminal Justice Books *A passionate and forceful argument from America's pre-eminent legal scholar that our law ought to do more to protect the public from the harms of falsehood. * Robert Post, Sterling Professor of Law, Yale Law School *An increasing amount of what we hear and read is demonstrably factually false, and the acceptance of falsity has grave consequences for democratic decision-making. Drawing on legal doctrine, psychological research, and an impressive command of the dynamics of modern media, Cass Sunstein offers a sobering explanation of why factual falsity is increasingly prevalent in contemporary public discourse and why American free speech doctrine may do more to exacerbate than alleviate the problem. This book is essential reading in the modern political and media environment. * Frederick Schauer, David and Mary Harrison Distinguished Professor of Law, University of Virginia *An insightful, balanced, and readable book, by one of America's leading legal scholars — whether you ultimately agree with its suggestions or not, you will learn much from its analysis. * Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law *Table of ContentsChapter 1: Lies and Falsehoods Chapter 2: A Framework Chapter 3: Ethics Chapter 4: Stolen Valor Chapter 5: Truth Chapter 6: Falsehoods Fly Chapter 7: Your Good Name Chapter 8: Harm Chapter 9: Truth Matters Appendix: Excerpts from Policies of Facebook, Twitter, and YouTube Acknowledgments

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Book SynopsisIlluminates the unwritten ideas that underlie our deepest debates about the written Constitution. The late Justice Scalia relished pointing to departures from the written text of the Constitution as a departure from Constitutional law itself, but in fact his own jurisprudence relied on unwritten ideas. Given that Scalia''s textualist approach to constitutional interpretation has become even more prominent in recent years with the elevation of Justices Gorsuch, Kavanaugh, and Barrett--all jurists in the mold of Scalia--to the Supreme Court, it is crucial that the public understands that these textualists all rely on unwritten ideas when they interpret the Constitution. Indeed, our most intense debates about America''s written Constitution are not about constitutional text, but about the unwritten ideas and understandings that guide our reading of the text.In The (Un)Written Constitution, George Thomas makes these ideas visible by turning to the practices of Supreme Court justices and political actors in interpreting the Constitution over more than two centuries. From founding debates about freedom of speech and religion to contemporary arguments about judicial review, the separation of powers, same--sex marriage, and partisan gerrymandering, he highlights the too--often unacknowledged ideas that animate our debates about the written Constitution. Contrary to the self-identified textualists, Thomas argues, these recurrent debates are not about whether to follow the text. Rather, they are disputes about what fidelity to the text requires.Illuminating how moving beyond the text is an inescapable feature of interpreting the written Constitution, this concise primer on constitutional interpretation forces us to consider the text--and the unstated principles that lie beneath it-in a new light.Trade ReviewI think this book will be an excellent supplement for students working their way through the canon of constitutional law and trying to understand why and how the constitution and its meaning evolve over time, even when the text does not change. In my experience,the best reads are the ones that leave us with burning questions for future scholars and thinkers to resolve. The (Un)Written Constitution certainly accomplishes that. * Amanda Hollis Brusky, Review of Politics *The (Un)Written Constitution is a thoughtful, well-written slim volume that I could easily see assigning in an advanced undergraduate constitutional law course. Indeed, by paying close attention to Thomas's arguments, students will surely emerge as more confident constitutional interpreters in their own right and enhance their understanding of the necessity of exploring the principles that underlie the opinions of the justices. * Kevin J. McMahon, Trinity College, Perspectives on Politics *The (Un)Written Constitution involves Thomas's careful elucidations of the reasoning of judges on both sides of the political divide in a series of well-known Supreme Court decisions, from the nation's inception to the present * KEN I . KERSCH, American Political Thought *Before turning to the substance of Thomas' arguments, it is important to note that this book is extremely well-written and accessible enough for well-informed non-lawyers but also sufficiently sophisticated to appeal to constitutional law professors—no easy trick. Above all, Thomas does a masterful job presenting opposing arguments in their strongest lights before he tears them down. He takes textualist arguments seriously, even when he rejects them, which is exactly how a scholar should treat counterarguments. * Eric Segall, Georgia State University College of Law, The New Rambler *The (Un)Written Constitution is a marvelously concise and myth-busting account of America's central constitutional debates. By proving beyond dispute that all constitutional interpreters must rely on unwritten assumptions and political theories to make sense of the constitutional text, Thomas helps lift the fog of confusion that shrouds so much constitutional controversy. A must read for judges, students, and citizens: all who seek to understand the meaning of our founding texts. * Stephen Macedo, Laurance S. Rockefeller Professor of Politics and Human Values, Princeton University *All constitutional interpretation begins somewhere within the four corners of the text. But as George Thomas argues in this crisply written, astute, and occasionally ironic analysis, how jurists read and interpret that text always rests upon some set of notions about the political theory of the Constitution, the moral values embedded in it, and a host of other ideas about the enterprise of legal interpretation. For Thomas, these are the '(un)written' parts of the Constitution that appear nowhere in its text but that permeate the whole messy enterprise of interpretation that he deftly dissects. * Jack Rakove, William R. Coe Professor of History and American Studies, Emeritus, Stanford University *Thomas argues that textualists and originalists, no less than living constitutionalists and moral readers, make judgments based on unwritten understandings of the Constitution-debatable interpretations of its fundamental concepts, principles, and commitments, as well as of the underlying political theory embodied in the Constitution. Thus, contrary to common assertions, our disagreements in constitutional interpretation are not between those who stick to the text and those who go outside it. This is a timely, accessible, and compelling book. * James E. Fleming, The Honorable Paul J. Liacos Professor of Law, Boston University School of Law *This book persuasively shows that our central constitutional disagreements are not about the written text, but about unwritten ideas and understandings. Thomas succeeds in showing that this distinction between the unwritten and written is a misleading one and that the Constitution is most notably a work of applied political theory. All justices appeal to the underlying political theory of the document, a theory that in many cases they often disagree about. The book nicely draws on historical and contemporary examples to advance this argument. * Sonu Bedi, Joel Parker 1811 Professor in Law and Political Science and Professor of Government, Dartmouth College *Table of ContentsIntroduction: Interpreting a Written Constitution Chapter 1 Text and Textualism Chapter 2 Text and Originalism Chapter 3 Text and Republican Government Chapter 4 Text and the Separation of Powers Chapter 5 Text and Unwritten Understandings Conclusion: The Inescapability of Constitutional Judgment Notes Index

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