Constitutional and administrative law: general Books

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Book SynopsisEurope has come a long way at least in the institutional response to racism. This book describes the responses of the Council of Europe and the European Union to the worrying trends of racism and xenophobia in the 1990s, and considers the prospects for combating discrimination in Europe using tools that have emerged as a result. Part one looks at the evolution of the Council of Europe apparatus to combat discrimination and the anti-discrimination standards prescribed by its institutions. Part two considers the legislative measures recently adopted by the European Union. The contributions in Part three take a comparative perspective of all measures adopted at European level to combat racial and ethnic discrimination.Trade Review'The Development of Legal Instruments to Combat Racism in a Diverse Europe provides a useful reference point to the question of the legal regulation of racial discrimination by European institutions, and consequential problems faced by States in the implementation of their international obligations. The work provides a valuable contribution to the academic literature in this field and should prove useful to those engaged in this particular area. Steven Wheatley, International Journal on Minority and Group Rights, Volume 12 (2005).Table of ContentsIntroduction, Jan Niessen and Isabelle Chopin; Part I: Council of Europe Anti-discrimination Standards: 1. The Application of Article 14 ECHR by the European Court of Human Rights Janneke Gerards; 2. A new European Standard against Discrimination: Negotiating Protocol no. 12 to the European Convention on Human Rights, Jeroen Schokkenbroek; 3. The Preparation of ECRI General Policy Recommendation No. 7 on National Legislation to Combat Racism and Racial Discrimination Giancarlo Cardinale; Part II: European Union Anti-discrimination Legislative Measures: 4. The Starting Line and the Racial Equality Directive, Jan Niessen and Isabelle Chopin; 5. The Negotiation of the European Community Directive on Racial Discrimination, Adam Tyson; 6. The European Court of Justice and Anti-Discrimination Law: Some reflections on the experience of gender equality jurisprudence for the future interpretation of the Racial Equality Directive, Sejal Parmar; 7. Comparing National and Community Anti-Discrimination Law, Per Johansson; Part III: A Comparative Perspective: 8. Setting Standards in the Fight against Racism: A Comparison of the European Union and the Council of Europe, Mark Bell; 9. Implementing European Anti-Discrimination Law: A Critical Analysis, Ann Dummett; Annexes: 1. Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin; 2. Protocol No 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms and Explanatory Report; 3. ECRI General Policy Recommendation No 7 on National Legislation to Combat Racism and Racial Discrimination; 4. Proposal for a Council Framework Decision on combating racism and xenophobia; List of Contributors; Selected Bibliography; Index.

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Book SynopsisWhat are the Faroese and the Greenlanders? Are they peoples in their own right, indigenous peoples or Danish minorities? And what is their status under international law? Do they have the right to national self-determination? And if so, what does this right include? This volume describes the constitutional history of the Faroes and Greenland, it analyses the current international status of the two countries and compares it to countries in similar situations, and looks at how Denmark has administered the sovereignty of its dependencies. It thus sheds new light on a constitutional arrangement that by some is described as, democratic, creative and imaginative, and by others is deemed colonial. But the book also deals with the status of non-sovereign polities and the right to self-determination in general, as well as with the current attitude of the UN towards such matters. It thus offers insights which can be of value for other countries, struggling with the issue, as well as scholars working in this field.Trade Review'...valuable reading for anyone who takes a genuine interest in the political process of self-determination in the Nordic area.' Nordic Journal of International Law, Volume 74, No. 2, 2005.Table of ContentsPreface Sjúrður Skaale; 1. Summary and Main Conclusions Ole Espersen; 2. The Land of Maybe. A Survey of Faroese Constitutional History Kári á Rógvi; 3. Greenland under Chapter XI of the United Nations Charter. A Continuing International Law Dispute Gudmundur Alfredsson; 4.The Status of the Greenlandic Inuit. Are the Greenlandic Inuit a People, an Indigenous People, a Minority, or a Nation? A Practical, Philosophical and Conceptual Investigation Mininnguaq Kleist; 5. The Faroes as a Non-Self-Governing Territory Bjørn Kunoy 6. The Quebec-Canada Case Compared to The Faroes and Greenland Lauri Hannikainen; 7. A Phrase Loaded with Dynamite. Impressions from Walking the Corridors of the UN Sjúrður Skaale; 8. The Faroes and Greenland in UN Documents Bogi Eliasen; 9. Non-Sovereign Polities and Their Access to the International Community Bogi Eliasen; 10. The Danish Realm and Developments in the EU Bogi Eliasen.

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Book SynopsisThis volume traces the developments in the laws and practices of the European Union and five of its Member States (the United Kingdom, Germany, France, the Netherlands, and Italy) at two points in time: first at the time of the Gulf War following Iraq’s invasion of Kuwait in August 2000; secondly, following the terrorist attacks in the United States on 11 September 2001. The focus is on the legal status of immigrants and asylum seekers and how that legal status is being modified on grounds of security-related measures adopted over a period of about ten years. Particularly, the question is whether and how far situations have come into existence, which could be considered to be in conflict with fundamental principles of human rights.Table of ContentsForeword Elspeth Guild; Introduction Anneliese Baldaccini; Part I The European Dimension: Chapter 1 From Gulf War to Gulf War – Years of Security Concern in Immigration and Asylum Policies at European Level Nils Coleman; Chapter 2 The Role and Limits of the European Court of Human Rights in Supervising State Security and Anti-terrorism Measures Affecting Aliens’ Rights Nicholas Sitaropoulos; Part II Responses at the National Level: Chapter 3 The Response of the United Kingdom’s Legal and Constitutional Orders to the 1991 Gulf War and the Post-9/11 ‘War’ on Terrorism David Bonner and Ryszard Cholewinski; Chapter 4 Immigration, Asylum, and Terrorism: How Do They interrelate in Germany? Ulrike Davy; Chapter 5 The Changes in Laws on Immigration and Asylum in France in Response to Terrorist Fears Claire Saas; Chapter 6 The Impact of Terrorism on Immigration and Asylum Law in the Netherlands Hinde Chergui and Helen Oosterom-Staples; Chapter 7 Terrorism, Asylum and Immigration in Italian Law Paolo Bonetti; Annexes; List of Contributors; Index.

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Book SynopsisThe Constitution of the Russian Federation was ratified in 1993 amid great hopes and aspirations following the collapse of the USSR. The constitution proclaims the goal of establishing a “democratic, federal state” that functions according to rule of law and promises a broad array of social, political and economic rights to its citizens. But how well has the Russian government lived up to realizing these promises? Seven distinguished scholars on Russian politics and law examine the state of political accountability, federal power-sharing, judicial independence, press freedom, and criminal procedure in Russia today. The picture that emerges is decidedly mixed; they conclude that the Russian constitution remains a work in progress.Table of ContentsAcknowledgments Preface William B. Simons Introduction: The Promise of the Russian Constitution Gordon B. Smith Chief Justices of the Constitutional Court of the Russian Federation: 1990 to the Present Part I: Constitutional Promise and Political Realities Chapter 1: Constitutionalism and Accountability in Contemporary Russia: The Problem of Displaced Sovereignty Richard Sakwa Chapter 2: The Russian Constitutional Court’s Long Struggle for Viable Federalism Robert Sharlet Chapter 3: Russia’s Constitutional Spirit: Judge-Made Principles in Theory and Practice Alexei Trochev Part II: Constitutional Practice and Legal Obstacles Chapter 4: Press Freedom in Russia: Does the Constitution Matter? Peter Krug Chapter 5: The Procuracy: Constitutional Questions Deferred Gordon B. Smith Chapter 6: Modern Russian Criminal Procedure: The Adversarial Principle and Guilty Plea Stanislaw Pomorski Chapter 7: Jury Trial and Adversary Procedure in Russia: Reform of Soviet Inquisitorial procedure or Democratic Window-Dressing? Stephen C. Thaman Chapter 8: Russia’s Constitutional Project and Prospects for the Future Gordon B. Smith About the Authors List of Russian-Language Abbreviations Index

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Book SynopsisThe Alien Tort Statute (also referred to as the Alien Tort Claims Act) is a US statute that provides a cause of action for violations of international law. While originally used against former dictators and military officials who fled to the U.S. after the respective governments in their home countries have been removed, human rights activists are now targeting transnational corporations or multinational enterprises for human rights violations in connection with their investments made outside the United States. This book examines and analyzes corporate liability under the Alien Tort Statute.

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Book SynopsisWhat this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.Table of ContentsI. INTRODUCTION Chapter 1 Different Perspectives from which to Approach the Concept of Law 1. The Diff erence between Formal and Material Perspectives 2. Formal Perspective: The Three-dimensional Method in the Study of Law 3. Material Perspective II. THEORY OF THE LEGAL NORM Chapter 2 Concept of the Legal Norm 1. Defining the Legal Norm as Compared with Other Types of Norms 2. Structure of the Legal Norm Chapter 3 Analytical-Linguistic Consideration of the Legal Norm, as a Prescriptive Proposition 1. Initial Considerations Regarding this Process of Analysis 2. The Concept of Proposition and how it Diff ers from Other Concepts 3. Types of Propositions. The Traditional Approach and Enrico Pattaro’s Approach Chapter 4 Classifi cations of the Legal Norms 1. Primary and Secondary Norms. Historical Criteria for Differentiation 2. Other Classifi cation Criteria for Legal Norms III. THEORY OF THE LEGAL ORDER A) Moments or Phases in the Life of the Legal Order: The Formation, the Interpretation, and the Application Chapter 5 Formation of the Legal Order: Theory of the Sources of Law 1. The Sources of Law 2. Communitarian Law 3. Written Law as the Principal Source in the Roman-Germanic System 4. Custom as a Spontaneous Reiteration of the Acts of the People 5. General Principles of Law 6. Case Law 7. Contracts 8. Jurisprudence Chapter 6 Interpretation of the Legal Order 1. Interconnection between the Processes of Application and Interpretation of Law 2. The concept of Interpretation. Elements 3. Types of Interpretation Chapter 7 Application of the Legal Order 1. Analogy 2. Equity 3. Other Types of Legal Arguments Chapter 8 The Completeness of the Legal Order. Gaps in the Law 1. Principal Theories Utilized by the Legal Order’s Dogma of Completeness 2. The Problem of Gaps in the Law Chapter 9 The Coherence of the Legal Order. Legal Antinomies 1. The Concept of System 2. The Problem of Antinomies Chapter 10 The Unity of the Legal Order. The Validity of the Law 1. The Suitability of the Three-dimensional Approach with Regards to the Topic of Validity 2. The Concept of Validity Chapter 11 The Deontological or Naturalist Foundation of Validity 1. Relations Existing in the Matter of Validity 2. Some Natural Law Theories Chapter 12 Positivist Foundation of Validity 1. Relations Existing on the Subject of Validity 2. Main Positivist Theories Chapter 13 Realist Basis of Validity 1. Relations Existing on the Subject of Validity 2. Principal Realist Theories Chapter 14 Problems Resolved by Considering Law From the Perspective of the Legal Order 1. The Term “Legal Order” 2. Problems Resolved by Considering Law from the Perspective of the Legal Order IV. THEORY OF THE LEGAL RELATIONSHIP Chapter 15 The Legal Relationship 1. Historical Formulation of the Concept of the Legal Relationship F. C. von Savigny’s Elaboration of the Concept in his Work System des Heutingen römischen Rechts 2. Defi nition of The Legal Relationship: The Concepts of Legal Situation, Legal Act, and Legal Transaction 3. Structure of the Legal Relationship: Elements 4. Content of the Legal Relationship 5. Types of Legal Relationships Chapter 16 Right as a Part of the Legal Relationship 1. The Law (“Norma Agendi”) – Right (“Facultas Agendi”) Comparison 2. The Doctrinal Development of the Idea of Right 3. Limits on the Exercise of Rights Bibliography; Index.

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Book SynopsisIn times of conflict, women have traditionally been excluded from protection of the law. This book analyzes the treatment of sex and gender crimes under international law by identifying various legal eras, from the inception of international criminal law until its most recent formulation, the Rome Statute. The author conducts her critical journey armed with insights about the development of the crime of rape in domestic law and feminist theories, and exposes gaps and silences in international law's treatment of sex and gender crimes. The author claims that the underlying stratum of sex crimes – the gender stratum – must be acknowledged. Hence, it is not sufficient to treat rape as another offense under existing traditional crime categories. It must also be anchored as a separate crime category that clearly establishes the boundaries of the legal norm, harmonizes different nations’ laws, and eradicates the remnants of patriarchy linked to this offense.Table of ContentsExcerpt of Table of Contents: Prologue; Acknowledgments; Introduction: The Historical Vacuum Part One: Beginning the Journey, Collecting the Tools 1. International Law from a Feminist Perspective 2. Law Reform and Reality? 3. Rape as a Unique Crime under Domestic Law Part Two: Sex Crimes and International Law – Past, Present 4. The Era of Silence 5. The Era of Honor 6. A New Direction – Towards a New Era? Part Three: Sex and Gender Crimes under the New International Law and a Proposed Solution 7. Summary of Achievements and Problems 8. Part of Existing Crime Categories or a Discrete Crime? 9. Sex and Gender Crimes as a Discrete Crime – A Preliminary Draft 10. Preliminary Draft of a New Crime Category Summary and Conclusions; Bibliography; Index.

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Book SynopsisIntroduction to Public Law is a historical and comparative introduction to public law. The book traces back the origins of the res publica to Roman law and analyzes the course of its development, first during the monarchical age in continental Europe and England, and then during the republican age that began at the end of the eighteenth century with the democratic revolutions in the United States and France. For each period and country, the book analyzes the major concepts of public law and their transformations: sovereignty, the state, the statute, the separation of powers, the public interest, and administrative justice.Table of ContentsIntroduction: Thinking About Public Law BOOK I: THE MONARCHICAL AGE Part A: The Continental Monarchies Chapter 1: The French Legacy Chapter 2: The German Legacy Part B: The English Monarchy Chapter 3: The Defeat of Absolutism Chapter 4: The Rule of Law BOOK II: THE REPUBLICAN AGE Part C: The American Model Chapter 5: Popular Sovereignty Chapter 6: Limited Power Part D: The French Model Chapter 7: National Sovereignty Chapter 8: State Power Conclusion

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Book SynopsisThe Political Accountability of EU and US Independent Regulatory Agencies is an in-depth investigation on the law and practices of the political accountability arrangements of the 35 EU and 16 US independent agencies. The comparative analysis demonstrates similarities between the political accountability arsenals and challenges to political oversight in the EU and the US. The greatest differences are revealed in the organization of the political accountability of independent agencies, i.e., ‘excessive diversity in the EU vs. uniformity in the US’, and the design of accountability obligations. Based on comparative insights, the book concludes with three recommendations on how the EU agencies’ political accountability could be adjusted in the ongoing reform on agencies’ creation and operation.Trade Review"A special virtue of the book is its appeal to readers on several levels. It addresses doctrinal and theoretical issues sufficiently to satisfy seasoned academics without forgetting those pragmatic problems that are uppermost in the minds of practitioners or government officials. It is suitable for both the expert and the novice observer of the field. Although largely a law book, it will be understandable and useful to political scientists and public administrators." -Gary J. Edles, University of Hull Law School

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Book SynopsisProfessor Roger Stenson Clark has played a pivotal role in developing International Criminal Law, and the movement against nuclear weapons. He was one of the intellectual and moral fathers of the International Criminal Court. This Festschrift brings together forty-one appreciative friends to honour his remarkable contribution. The distinguished contributors provide incisive contributions ranging from the reform of the Security Council, to rule of law and international justice in Africa, to New Zealand cultural heritage, to customary international law in US courts, and more. Threaded through these richly diverse contributions is one common feature: a belief in values and morality in human conduct, and a passion for transformative use of law, ‘for the sake of present and future generations.’Table of ContentsEditors’ Preface & Acknowledgements; Biographies Of Contributors; Roger S Clark 1. Tribute: Jose Ramos Horta 2. Tribute: Tuiloma Neroni Slade 3. Laudatio: In Honour of Roger Clark: M. Cherif Bassiouni 4. Roger Clark, A Personal Tribute: William A. Schabas 5. Roger Avant-Garde: Gerry Simpson Essays on Peace, War & Global Security 6. Germany and the Crime of Aggression: Claus Kreß 7. Mobilising Law on the Side of Peace: Security Council Reform and the Crime of Aggression: Brian Foley 8. From the Shoulders of Giants: Harold Nicolson’s Peacemaking 1919 and the Congress of Vienna: Pam Jenoff 9. The Rule of Law, the International Justice System and Africa: Daniel David Ntanda Nsereko 10. Global Citizenship: Kennedy Graham 11.From Dr Strangelove to Dr Suess: Contributions of Professor Roger Clark on the Legal Norm against Nuclear Weapons: Alyn Ware Essays on Human Rights 12. Updating the Standard Minimum Rules for the Treatment of Prisoners: Nigel S Rodley, Andrea Huber & Lorna Mcgregor 13. The High Commissioner for Human Rights on the Legal Obligation of Corporations to Respect International Human Rights Norms: Chile Eboe-Osuji 14. Human Rights as International Constitutional Law: Bertrand G. Ramcharan 15. Human Rights in Foreign Policy: Can Realism be Liberalized?: David P. Forsythe Essays on Self-Determination 16. West Papuan Self-Determination and International Law: New Indigenous Rights or Old-Fashioned Genocide?: Catherine J. Iorns Magallanes 17. “Professor Clark, What can We Do about the Western Sahara”?: Suzannah Linton Essays on International, Transnational & Comparative Criminal Law 18. Forks in the Road – Personal Reflections on Negotiating the Kampala Amendments on the Crime of Aggression: Christian Wenaweser & Stefan Barriga 19. The Elusive Essence of Crimes against Humanity: Margaret M. Deguzman 20. Towards a New Global Treaty on Crimes against Humanity: Leila Nadya Sadat 21. Challenges in Applying Article 8 of the Rome Statute: Tim Mccormack 22. Perpetrators (Article 25 (3) of the ICC Statute): Thomas Weigend 23. The Limited Reach of Superior Responsibility: Shane Darcy 24. Possession as a Criminal Offence and the Function of the Mental Element: Reflections from a Comparative Perspective: Kai Ambos 25. Of War Councils and Warmongering: Considering the Viability of Incitement to Aggression: Gregory S Gordon 26. Individual Criminal Responsibility – Of “Dog’s Law”, Offending against Sound Popular Feeling, Semi-Colons and Commas: Kenneth Keith 27. The 2012 Protocol on the Illicit Trade in Tobacco – Signpost to the Future of Transnational Criminal Law?: Neil Boister Essays on & from North America 28. Roger Clark’s Role in the Removal of Capital Punishment From the American Law Institute’s Model Penal Code: Ellen S. Podgor 29. Customary International Law as the Rule of Decision in Human Rights Litigation in the US Courts: Joseph Dellapenna 30. Human Rights Treaties in and beyond the Senate: The Spirit of Senator Proxmire: Jean Galbraith 31. Judicial Review of Decision-Making Engaging Public Practices ond Other Manifestations of Faith – Lessons From Roger Clark and Beatty V. Gillbanks: David Mullan 32. The Alien Tort Statute, Kiobel, and the Struggle for Human Rights Accountability: Beth Stephens 33. Dynamics of International Legal Systems and State Regulatory Autonomy: Ari Afilalo 34. Practicing E-Legally: The United Nations Convention on the Use of Electronic Communications in International Commerce: Amelia Boss Essays on New Zealand 35. Foreign Cultural Heritage Claims: New Zealand V. Ortiz Thirty Years Later: Robert K. Paterson & James A.R. Nafziger Essays from the Field 36. Reform of UN Inquiries: Geoffrey Palmer 37. “Knocked over by a Pile of Bombs. Hasn’t Felt Well Since”: Nuclear Test Veterans and the UK Ministry of Defence Pensions System: Sue Rabbitt Roff 38. Overcoming Implementation Issues of the Victims’ Law in Colombia: Ashley Clark CV of Roger S Clark. Index.

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Book SynopsisAccounting for participation, separation of powers and democratic accountability, federalism gains momentum in times when traditional democratic legitimacy of institutional decision-making is challenged. Its ability to include multiple interests makes federalism a means to ensure good governance. Based on a multidisciplinary analysis, the book tackles the question of whether federalism as a pragmatic governance tool provides answers to current challenges and what those answers are. Thirty-three leading experts critically examine to what extent federalism serves this purpose in compound states, looking at different countries and policies. The volume revolves around five sub-themes: ‘federalism, democracy and governance’, ‘participation mechanisms and procedures’, ‘policy areas compared’, ‘institutional innovation and participatory democracy’ and ‘federalism: from theory to governance’.Table of ContentsIntroduction: The Idea and the Aim of this Book Elisabeth Alber and Francesco Palermo; Part I: Federalism, Democracy and Governance 1. Multilevel Governance and the Reconfiguration of Political Space:Theoretical Considerations from a Multinational Perspective Alain-G. Gagnon; 2. The Interdependence of Federalism and Democracy in Australia Cheryl Saunders; 3. Political Identity and American Federalism G. Alan Tarr; 4. Policy Coercion and Administrative Cooperation in American Federalism John Kincaid; Part II: Participation Mechanisms and Procedures Part II A: Asymmetries and Identities 5. ‘Fragile Federations’ and the Dynamics of Devolution Nico Steytler and Jaap de Visser; 6. The Unsettled Settlement: Scottish Independence or United Kingdom Devolution? Michael Burgess; 7. Constitutional Semantics and Autonomy within Indian Federalism Ajay Kumar Singh; 8. Genesis of Federalism, Regional Development, and Regional Policy of Post–Soviet Russia Viacheslav E. Seliverstov; Part II B: Intergovernmental Relations 9. Can We Talk About Federalism and Federalization Without Co-Governance? ‘Participation’ of the Autonomous Communities in Spanish Central Government Decision-Making Mercè Corretja Torrens and Mireia Grau Creus; 10. Intergovernmental Relations in Australia: New Modes, Old Realities Alan Fenna and John Phillimore; 11. Intergovernmental Decision-Making in Financial Affairs in Germany: Institutions, Formal and Informal Rules, and Peculiarities Gisela Färber; 12. Fiscal Federalism and Federal Decisions: The Case of Argentina and Its Evolution in the Last Two Decades Miguel Angel Asensio; Part III: Policy Areas Compared 13. Multilevel Governance of Immigration: An Emerging Trend for Europe to Follow? Karl Kössler; 14. Challenging Institutional Models: The Case of Environmental Protection and Management Mariachiara Alberton and Francesco Palermo; 15. ‘South Africa Inc.’: The Rise of the Developmental State and the Corporatization of Intergovernmental Relations Derek Powell and Phindile Ntliziywana; 16. Benchmarking as a New Mode of Coordination in Federal Systems Alan Fenna and Felix Knüpling; 17. Federalism as Decision-Making: Security Structures, Procedures and Policies Christian Leuprecht, Mario Kölling and Todd Hataley; 18. Regionalization in Central and Eastern Europe: Limits and Perspectives of an Externally Driven Process Sara Parolari and Martina Trettel; 19. Varieties of Decentralization, Institutional Complementarities, and Economic Growth: Evidence in OECD Countries Andrea Filippetti and Agnese Sacchi; Part IV: Institutional Innovation and Participatory Democracy 20. Participatory Initiatives and New Instruments of Direct Democracy in Austrian Federalism Peter Bußjäger; 21. Theoretical Framework and Constitutional Implications: Participatory Democracy as Decision-Making in Multilayered Italy Matteo Nicolini; 22. Framing Subnational ‘Institutional Innovation’ and ‘Participatory Democracy’ in Italy: some Findings on Current Structures, Procedures, and Dynamics Elisabeth Alber and Alice Valdesalici; 23. Subnational Institutional Innovation and Participatory Democracy: the Case of Switzerland Nicolas Schmitt; Part V: Federalism: From Theory to Governance 24. Regulating Pluralism: Federalism as Decision-Making and New Challenges for Federal Studies Francesco Palermo; Index.

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Book SynopsisIn Hong Kong's Legislature Under China's Sovereignty: 1998-2013 Dr Gu Yu thoroughly analyses how Hong Kong’s legislature has impacted the law-making process as well as the financial control and supervision of the executive branch of the government. The political cleavage in Hong Kong seen in recent years has affected the level of Legco’s autonomy in terms of leadership, rules, committee autonomy and control over the legislative agenda. Given the weakened autonomy of Legco and the decline of moderate forces in both the pro-Beijing and pro-democracy camps, the role of Legco as a collective actor of checks and balances against the executive branch has been weakened. This book will appeal to both academics and practitioners whose work involves the relationship between the legislature and the executive branch in the HKSAR.Trade Review"...the text is clear and well-structured, and the author supplies readers with a wealth of supporting detail and statistics..." -Roderick Munday, The Cambridge Law Journal

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Book SynopsisPeacekeeping and the Asia-Pacific explores the politics, challenges, and future of UN peacekeeping operations from the Asia-Pacific. The first section looks at contributions from the sub-regions: Northeast Asia, Southeast Asia, and South Asia. The second section of the book looks at individual country case studies including: Australia, Solomon Islands, Japan, and Thailand. The third, and concluding, section consists of a theoretical summary on the central conceptual theme of Asian motivations for PKO contributions. This content was originally published in vols. 18:3-4 and 19:3-4 of the Journal of International Peacekeeping.Table of Contents1 Introduction: The Politics, Challenges, and Future of UN Peacekeeping Contributions from the Asia-Pacific Boris Kondoch and Brendan Howe 2 Northeast Asian Perspectives on UN Peacekeeping: China, Japan, Korea Brendan Howe and Boris Kondoch 3 Southeast Asian Perspectives on UN Peacekeeping: Indonesia and Malaysia Alistair D. B. Cook 4 South Asian Regionalism and UN Peacekeeping Missions: A Case of ‘and Never the Twain Shall Meet’? Rashed Uz Zaman and Niloy Ranjan Biswas 5 Australia and Peacekeeping Peter Londey 6 RAMSI Ten Years On: from Post-Conflict Stabilisation to Development in Solomon Islands? Sinclair Dinnen 7 All-Japan Approach to International Peace Operations Yuji Uesugi 8 Thailand’s Participation in UN Peacekeeping Missions: the Reciprocal Transference of Expertise and Norms Keokam Kraisoraphong and Brendan Howe 9 Why Contribute? Understanding Motivations for Troop Contribution to Peace Operations Xenia Azenov Index

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Book SynopsisIn May It Please the Court, artist Xavier Cortada portrays ten significant decisions by the Supreme Court of the United States that originated from people, places, and events in Florida. These cases cover the rights of criminal defendants, the rights of free speech and free exercise of religion, and the powers of states. In Painting Constitutional Law, scholars of constitutional law analyse the paintings and cases, describing the law surrounding the cases and discussing how Cortada captures these foundational decisions, their people, and their events on canvas. This book explores new connections between contemporary art and constitutional law. Contributors are: Renée Ater, Mary Sue Backus, Kathleen A. Brady, Jenny E. Carroll, Erwin Chemerinsky, Xavier Cortada, Andrew Guthrie Ferguson, Leslie Kendrick, Corinna Barrett Lain, Paul Marcus, Linda C. McClain, M.C. Mirow, James E. Pfander, Laura S. Underkuffler, and Howard M. Wasserman.Trade Review"This delightful and imaginative book of essays will alter the way in which one writes about cases and constitutional rights. The book should inspire future collaborations among artists, legal scholars, courts, and local communities. It deserves to be widely read. [...] Painting Constitutional Law liberates us to reimagine our own engagement with constitutional cases and doctrines, forcing us to see and confront the cases as emotions, colors, and shapes and to recognize their inherent disruption. May this book be the first of a new genre". Mary Sarah Bilder, Glossae, European Journal of Legal History 18 (2021).

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Book SynopsisThrough a constant interdisciplinary dialogue, this collective book traces the history of the highly controversial notion of Economic Constitution and explores the main current challenges of the legal ordering of the market economy in Europe. Au fil d’un dialogue interdisciplinaire permanent, cet ouvrage collectif retrace l’histoire de la notion éminemment polémique de Constitution économique et explore les principaux défis actuels de la structuration juridique de l'économie de marché en Europe.Table of ContentsAcknowledgment Notes on Contributors Introduction La “Constitution économique”: Approche contextuelle et perspectives interdisciplinaires   Guillaume Grégoire and Xavier Miny part 1 Genealogy of the Concept Historical and Theoretical Perspectives section 1 The Emergence of the Concept From the Physiocrats to the Weimar Republic Les Physiocrates, l’économie politique et l’Europe   Philippe Steiner The Economic Constitution under Weimar Doctrinal Controversies and Ideological Struggles   Guillaume Grégoire Discussion Le Concept de Constitution économique : émergence et fonctions   Hugues Rabault Discussion The Concept and Politics of the Economic Constitution   Peter C. Caldwell section 2 The (Neo)Libéral Recapture of the Concept An Economic Constitution Neoliberal Lineages   Thomas Biebricher Economic Constitution and Authoritarian Liberalism Carl Schmitt and the Idea of a Sound Economy   Werner Bonefeld Discussion Le néolibéralisme : Un “libéralisme autoritaire” néo-schmittien ?   Serge Audier Discussion L’idée de constitution économique et l’hypothèse du libéralisme autoritaire   Vincent Valentin part 2 The European Economic Constitution From Micro to Macro section 3 The Microeconomic Constitution of the European Union Fundamental Economic Freedoms and Competition Law The Fundamental Economic Freedoms Constitutionalizing the Internal Market   Pieter Van Cleynenbreugel and Xavier Miny Évolution des politiques de concurrence en droit de l’UE de la Wettbewerbsordnung ordolibérale à la More Economic Approach néolibérale?   Frédéric Marty Discussion Les difficultés d’une interprétation ordolibérale de la constitution micro-économique de l’union européenne   Claire Mongouachon Discussion Society, Private Law and Economic Constitution in the EU   Hans-Wolfgang Micklitz section 4 The macroeconomic constitution of the European Union The advent of Economic and Monetary Union Les racines historiques et théoriques de l’union économique et monétaire   Francesco Martucci The European Economic Constitution in Crisis A Conservative Transformation?   Hjalte Lokdam and Michael A. Wilkinson Discussion The Evolving Economic Constitution of the European Union: Eulogy to Stability?   Susanna Cafaro Discussion The Eurozone Crisis, the Coronavirus Response, and the Limits of European Economic Governance   Peter Lindseth and Cristina Fasone part 3 National Economic Constitutions and Global Governance section 5 National Economic Constitutions A Legal Analysis Constitution et économie en Belgique   Pierre Nihoul La constitution économique de la France et la jurisprudence économique du Conseil constitutionnel   François Colly The Idea of an Economic Constitution (Wirtschaftsverfassung) in German Law   Peter-Christian Müller-Graff The United Kingdom’s Economic Constitution   Tony Prosser section 6 Global Governance and New (Economic) Constitutionalism Federalism and Competition between Jurisdictions The Special Financing Law Tax Competition and Fiscal Consolidation at the Heart of Belgium’s Material Economic Constitution   Damien Piron La mise en concurrence des systèmes juridiques nationaux et l’idée de Constitution économique   M. Mahmoud Mohamed Salah Discussion Three Dialectics of Global Governance and the Future of New Constitutionalism   Thibault Biscahie and Stephen Gill Discussion De la constitution économique à la constitution écologique : l’avènement de la ‘méta-politique’   Sébastien Adalid Overall Conclusions  Economic Constitutionalism and “The Political” of “The Economic”   Christian Joerges Index of Subjects Index of Names

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Book Synopsis'This is the first account in English of the making of Italian nationhood from the perspective of constitutional history. It is also the first to consider the role that the House of Savoy played in this process. Bringing together influential experts in the field, the collection covers the evolution of the Italian constitution from Russian diplomacy’s little-known planning of the Risorgimento to the monarchy’s demise after its clashes with fascism. Combining systematic coverage with original research, the volume includes such varied themes as the king’s role in the Italian wars of independence, the Italian peninsula’s forgotten charters of 1848, and the story of the ephemeral building that housed the first Italian parliament. Contributors are: Carolina Armenteros, Andrea Ungari, Paolo Colombo, Frans Willem Lantink, Christian Satto, Giulio Stolfi, Valentina Villa, Tommaso Zerbi, and Romano Ferrari Zumbini.Table of ContentsNotes on Contributors List of Figures Introduction  Carolina Armenteros and Andrea Ungari 1 The Savoy Monarchy and the Parliamentary System: From the Kingdom of Sardinia to the Kingdom of Italy  Andrea Ungari 2 “Changes Appropriate to the Times, and Circumstances”: The Crown and the Modernization of the State in the Kingdom of Sardinia (1814–53)  Giulio Stolfi 3 The Pact and Its Overseer: Crown and Modern Constitutionalism in the Kingdom of Sardinia (1844–52)  Romano Ferrari Zumbini 4 Constitutionalism or “Neoabsolutism”? Monarchies in Italy, 1848–1859/1866  Frans Willem Lantink 5 The Making of Italy (through the Ephemeral): The First Italian Parliament between State-Building, “Risorgimental Neo-Medievalism,” and Glorification of the House of Savoy  Tommaso Zerbi 6 More than Kings: The Role of the Italian Monarchs in the State-Building Process and Foreign Affairs  Valentina Villa 7 The Role of the Crown in the Building of an Italian Identity (1878–1922)  Paolo Colombo 8 1925: The Jubilee of King Victor Emmanuel III  Monarchy and Fascism in a Year of Transition and Afterward  Christian Satto Conclusions  Francesco Bonini Bibliography Index

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Book SynopsisThough European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. This book offers an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core’, Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.Table of ContentsPreface 1 The Development of Administrative Law: Fact and Theory 1 Two Visions of Administrative Law 2 Public Administration without Administrative Law 3 Administrative Law as a Defining Aspect of the New State of the World 4 The Transformation of Administrative Law 5 A New Comparative Inquiry 6 Limits to the Inquiry 7 Structure of the Inquiry Part 1 A Diachronic Comparison 2 Judicial Review of Administration: Institutional Design 1 England and France: Ideal-types and Prototypes 2 The Reception of the English Prototype: Belgium and Italy 3 The Reception of the French Prototype: Italy and Belgium 4 The Austro-German Prototype 5 French Systematics in Germany 6 German Systematics in Italy 7 Beyond the State: Judicial Remedies in the European Communities 3 The Judicial Construction of General Principles (1890–1910) 1 An Empirical Analysis 2 Administrative Litigation: Similar Problems 3 Devising Solutions: Legality and Procedural Fairness 4 Devising Solutions: Government Liability 5 The Role of Judge-Made Law and the Place of Legal Theory 6 The Emergence of Common Principles 4 Sowing the Future: Austrian Administrative Procedure Legislation 1 Early Views on the Codification of Administrative Procedure 2 The Austrian Turn: Background 3 The Austrian Turn: Principles 4 An Area of Agreement between Legal Systems 5 A Case of Diffusion 6 The Wider Reach of Austrian Ideas 5 The Development of Administrative Procedure Legislation 1 Moving towards Administrative Procedure Legislation 2 Socialist Legal Systems and the Austrian Legacy 3 Spanish Legislation and Its Diffusion in Latin America 4 The Scandinavian Standard of Fair Procedure 5 Types of States and Administrative Procedure Legislation Part 2 A Synchronic Comparison 6 Commonality and Diversity in Administrative Procedure Legislation 1 The Diversity of Constitutional Foundations 2 The Heterogeneity of Administrative Procedure Legislation 3 An Area of Agreement: Administrative Adjudication 4 The Closest Things to Invariants: Hearings 5 The Closest Things to Invariants: Giving Reasons 6 Diversity: Rulemaking 7 A Factual Analysis: Adjudication 1 Hypothetical Cases 2 Freedom from Bias 3 The Unfair Dismissal of a Civil Servant 4 A License Revocation Inaudita Altera Parte 5 Administrative Detention without Reasons 6 Consultation: The Role of Experts 7 An Area of Agreement 8 A Factual Analysis: Rulemaking 1 Variety of Administrative Rules 2 Standardless Discretion? 3 Consultation before Policy Change 4 Partially Unpublished Rules 5 An Unexpected Area of Agreement 9 Governmental Wrongdoing 1 A Worst-Case Scenario 2 Further Consequences of Procedural Unfairness in Adjudication 3 Contracts: The Unlawful Exclusion of a Tenderer 4 The Violent Police Officer 5 Conclusion Part 3 Commonality and Diversity: An Evolving Relationship 10 Explaining Diversity 1 The Causes of Commonality and Diversity 2 Context Matters: History 3 Context Matters: Mentalités in Public Law 4 Policy Considerations and Change 5 Diverging Traditions: Rules and Legal Formants 6 The Legal Relevance of National Traditions 11 Explaining Commonality 1 The Legacy of ius commune: A Qualified View 2 The ‘Nature of Things’ 3 Legal Transplants: Authority, Prestige, and Quality 4 General Principles 5 Legal Harmonization 6 Institutional Isomorphism 7 The Growing Impact of Common Standards 12 The ‘Common Core’ of Administrative Laws: Concept, Nature, and Extent 1 Factual Analysis and Theory Development 2 The Common Core: An Overview of the Argument to Come 3 The Common Core: Concept and Issues 4 A Dynamic View of the Common Core 5 The Nature of the Common Core 6 The Extent of the Common Core 7 The Variety of Uses of the Common Core Index

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Book Synopsis1. Introduction: Reflections on Varieties of Constitutionalism.- 2. Classifying Varieties of Constitutionalism.- 3. Republican Constitutionalism Freedom as Non-domination and the Democratic Challenge to Liberalism.- 4. Muddling-Through Constitutionalism in the United Kingdom: The Importance of the Relationship between the Monarch and the Prime Minister.- 5. Militant Constitutionalism Formal Institutions and Constitutional Practices.- 6. Rights, Remedies and Paradigms of Constitutionalism Same-sex Marriage before the Courts.- 7. Gatekeeper Constitutionalism: Exploring the Role of the Indian Judiciary in Environmental Constitutionalism and International Law Integration.- 8. Varieties of Constitutionalism and Religion: A Comparison of Greece, Israel and Lebanon.- 9. Is the Ius Constitutionale Commune in Latin America Missing the Point?.

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