Constitutional and administrative law: general Books

Book SynopsisThis book analyzes developments in the jurisprudence of the US Supreme Court in the Obama era. It follows three main threads. First, it seeks to describe and characterize the Supreme Court's jurisprudence in this period. Second, it assesses factors influencing developments in the jurisprudence. Finally, it draws broader lessons on how constitutional change works. As the oldest surviving written constitution among Western democracies, and despite having high hurdles for textual changes, the US Constitution has proved to be remarkably flexible. The main reason for this flexibility is the interpretation by the US Supreme Court. This book teases out the mechanism of how the Court manages to maintain this flexibility. Bringing together legal scholars from the United States and Europe who focus on different aspects of the Court's jurisprudence, the work consists of five parts. Part I analyzes the relationship of the Supreme Court with the democratic process. Part II deals with the jurisprTable of Contents1. Introduction, Anna-Bettina Kaiser, Niels Petersen & Johannes Saurer; 2. What Does the Supreme Court Do? Samuel Issacharoff; 3. Politics, Polarization, and the U.S. Supreme Court, Moohyung Cho, Jason Douglas Todd & Georg Vanberg; 4. Presidential Administration in the Obama Era, Jud Mathews; 5. Campaign Finance and Freedom of Speech – A Transatlantic Perspective, Mathias Hong; 6. Key Federalism Cases During the Obama Presidency, Patricia Egli; 7. Immigration Law in the Obama Era, Amanda Frost; 8. All Same-Sex Marriage Is not the Same: Obergefell from a Comparative Perspective, Michaela Hailbronner; 9. The Second Amendment and the Debate on Originalism, Oliver Lepsius; 10. The Obama Era: Freedom of Religion, Antje von Ungern-Sternberg; 11. "Faraway, So Close!" – A Constitutional Perspective on Transatlantic Data Flow Regulation, Thomas Wischmeyer; 12. TTIP and the Challenges of Investor-State-Arbitration: An Exercise in Comparative Foreign Relations Law, Thomas Kleinlein; 13. Transnational Litigation and Extraterritorial Jurisdiction: Domestic Remedies for International Wrongs, Marc Jacob; 14. Comparing Courts, Susanne Baer; 15. An American Perspective on the German Constitutional Court, Justin Collings; Table of Cases; Contributors;

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Book SynopsisThe insolvency of states is by no means a rare or new phenomenon. Despite this, it still seems to be widely felt that states do not go bankrupt. As of yet, there are no regulated insolvency proceedings for states. This book examines the current mechanisms for solving sovereign debt crises. It presents an analysis of their weaknesses and shows possibilities for dealing with such crises in the future. In this respect, the work focusses on crisis resolution measures at European level: the aid packages for Greece, the European Financial Stabilisation Mechanism, the European Financial Stabilisation Facility and the European Stability Mechanism. These are examined for their appropriateness as well as whether they contain elements of insolvency law. Ultimately, it explores possible insolvency proceedings for states at EU level and their implementation options.Trade Review'This book is one of the first considering the European measures on Sovereign debt crisis resolution as a whole, and putting it in a larger context. It will profoundly help scholars and practitioners to explore all instruments for regulation of such a highly sensitive area, both in their strengths and weaknesses, also giving an extremely accurate description of past and current sovereign debt crises. Focusing on both European institutional measures and private law tools, it provides the community of scholars with a new and deep instrument for further analysis of this evolving topic.'Maria-Chiara Malaguti, Professor of international trade law, Catholic University of the Sacred Hart, Italy, senior legal expert to the World Bank and advisor to the Legal Services of the Italian Ministry for Foreign AffairsTable of Contents1. Introduction; 2. The Current International Financial Architecture for Sovereign Debt Crisis Resolution; 3. Dealing with the Sovereign Debt Crisis in the EU; 3. Options for the Way Forward; 4. A Fully-fledged Restructuring Programme for Europe; 5. Conclusion;

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Book SynopsisA magisterial new history of the role of the Supreme Court as an ally in implementing and preserving a racial caste system in AmericaTheir Accomplices Wore Robes takes readers from the Civil War era to the present and describes how the Supreme Court?even more than the presidency or Congress?aligned with the enemies of Black progress to undermine the promise of the Constitution?s Thirteenth, Fourteenth, and Fifteenth Amendments.The Reconstruction Amendments?which sought to abolish slavery, establish equal protection under the law, and protect voting rights?converted the Constitution into a potent anti-caste document. But in the years since, the Supreme Court has refused to allow the amendments to fulfill that promise.Time and again, when petitioned to make the nation?s founding conceit?that all men are created equal?real for Black Americans, the nine black robes have chosen white supremacy over racial fairness.Their Accomplices Wore Robes brings to life dozens of cases and their rich casts of characters?petitioners, attorneys, justices?to explain how America arrived at this point and how society might arrive somewhere better, even as today?s federal courts lurch rightward. In this groundbreaking grand history, Brando Simeo Starkey reveals a troubling and dark aspect of American history.

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Book SynopsisBringing a postcolonial perspective to UK constitutional debates and including a detailed and comparative engagement with the constitutions of Britainâs ex-colonies, this book is an original reflection upon the relationship between the written and the unwritten constitution.Can a nation have an unwritten constitution? While written constitutions both found and define modern nations, Britain is commonly regarded as one of the very few exceptions to this rule. Drawing on a range of theories concerning writing, law and violence (from Robert Cover to Jacques Derrida), Constitutions makes a theoretical intervention into conventional constitutional analyses by problematizing the notion of a âwritten constitutionâ on which they are based. Situated within the frame of the former British empire, this book deconstructs the conventional opposition between the âmarginsâ and the âcentreâ, as well as between the âwrittenâ and âunwrittenâ, by paying very close, detailed attention to the constitutional texts under consideration. Pryor argues that Britainâs âunwrittenâ constitution and âimmemorialâ common law only take on meaning in a relation of difference with the written constitutions of its former colonies. These texts, in turn, draw on this pre-literate origin in order to legitimize themselves. The âunwrittenâ constitution of Britain can therefore be located and dislocated in postcolonial written constitutions.Constitutions is an excellent addition to the bookshelves of all students of the philosophy of law, political theory, constitutional and administrative law and jurisprudence.Table of Contents1. Introduction. Constitutions: Writing Nations, Reading Difference 2. Theorizing Constitutional Texts 3. 'In the Name of God and of the Dead Generations': Proclaiming the Irish Republic 4. 'The Treaty Always Speaks': Reading Aotearoa New Zealand’s Treaty of Waitangi / Te Tiriti o Waitangi 5. 'Fracturing the Skeleton' of the Law: The Mabo Decision and the Re-Constitution of Australia 6. Conjuring Spectres: Locating the Constitution of Britain in its Post-Imperial Moment 7. Conclusion: Re-Reading Constitutional Texts

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Book SynopsisLeverage the full power of Avid Media Composer with this essential guide from an Avid guru. Master timesaving tricks and techniques that utilize the latest Media Composer features and state-of-the-art workflows. Learn the secrets of the postproduction professionals from box office blockbusters like Harry Potter, I am Legend, Dark Shadows, Men in Black II, Charlie's Angels, 42, and The Last of the Mohicans, as well as primetime hits like SMASH, Big Bang Theory, Weeds, The Mindy Project, and MythBusters.In Avid Uncut, Steve Hullfish taps into the expertise of the world's top editors to share in-depth, behind-the-scenes secrets and best practices that will boost your editing and color correction skills to the next level. Five distinct sections cover: Pre-post, including discussion of metadata, prepping ScriptSync, decomposing, and more SettingTrade Review"A great book for experienced editors of all NLEs. Hullfish wrangled an impressive number of ‘A list’ editors who provided incredible insight into the specific ways that Media Composer empowers them. It makes a great read for those who wish to maximize their creativity and efficiency in editing." - Ben Kozuch, Co-Founder, Future Media Concepts "Like Hullfish's Color Correction for Video, Avid Uncut should sit on the shelf as a reference in every Avid suite. Condensing years of experience and real-world examples, Avid Uncut is easy to read yet packed full of tips, tricks and powerful time-saving Avid features. So whether you're a newbie needing to learn the ropes or a seasoned professional wanting to get up to speed on modern workflows and tools fast, this book is a must-have." - Ra-ey Saleh, Senior On-line Editor/Colorist, MythBusters; Taboo; Hidden in America "Avid Uncut is one of the most comprehensive Avid Media Composer training manuals I’ve seen. Hullfish has years of Avid experience and is well-respected for covering some of the lesser known tips that make a Media Composer more productive. This book is no exception, covering not only software features, but numerous workflows. Plus, the reader gets to hear from top television and film editors throughout the chapters for glimpses at their creative solutions. Hullfish isn’t afraid to include informative explanations of some of the lesser covered features, like ScriptSync, the Marquee titler and more, that other writers usually skip. Avid Uncut is a great handbook for editors moving over from other software, but even experienced Media Composer editors will be surprised at how much they’ll pick up." - Oliver Peters, Editor/Colorist, Oliver Peters Post Production Services, digitalfilms.wordpress.com "Over the years, Kathlyn and I have worked with many of the most respected Avid editors in the world, people who have edited some of the top-ranked movies and television shows in the market today. Among these prolific and respected editors, Steve Hullfish is often named as their go-to expert when they want to learn the Avid and master its many powers and nuances. You aren't going to master the Avid overnight but with Steve Hullfish showing you the way, you will learn its powers and maximize the workflow that makes the Avid the industry leader in high-end professional editing circles. If you are looking to excel in your understanding of Avid Media Composer, you have picked up the right book." - Ronald & Kathlyn Lindeboom, Founders, CreativeCOW.net "In today's adapt-or-die climate of non-linear editing, Avid Uncut is pre-requisite reading for every editor who needs to be relevant with complex file-based editing processes. The fact that this important book was organized with a creative mindset and written conversationally with commentary from the world’s best editors also makes it a fun read." - Mitch Jacobson, Author, Mastering Multicamera Techniques (Focal Press 2010) "For students of Media Composer all the way to longtime editors, I highly recommend Avid Uncut. Hullfish is a clear and comprehensive writer and he writes from deep personal experience as well as consulting with other top names. Books like these are an easy recommendation, because if you pick up just a few time-saving tips, the book will pay for itself within a week." - Making the Movie "Avid Uncut is an essential read for any assistant editor looking to prepare themselves for work on film and TV productions. The book would also be really helpful for experienced editors moving to Avid from other NLE’s to understand how to get work done effectively in it’s unique environment." - Jonny Elwyn Table of ContentsPre-postproduction; Settings; Off-Line; Effects; On-Line; Video Hardware;

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Book SynopsisThis textbook provides an introduction to the topical subject of constitutional change in Britain. It considers the historical origins of the constitution but its main focus is on recent reforms and their likely impact.Table of ContentsIntroduction: What is a Constitution?; 1. Historical Background to the Constitution; 2. The Legislature: The House of Commons and the House of Lords; 3. The Executive; 4. The Judiciary; 5. The Debate over a Written Constitution and a Bill of Rights for the UK; 6. Devolution: Northern Ireland, Scotland, Wales and the English Regions; 7. Electoral Reform and Referenda; 8. The European Union and the United Kingdom Constitution; 9. The 'Hollowing Out of the State'; Conclusion: A Constitutional Agenda?.

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Book SynopsisSet against the background of post-revolution Scottish ecclesiastical politics, this book addresses the hitherto largely neglected religious dimension to the debates on Anglo-Scottish Union. Focusing predominantly on the period between April 1706 and January 1707, the book examines the attitudes and reactions of Presbyterians to the treaty and challenges many of the widely held assumptions about the role of the church and other groups during the debate. The focal point of the Kirk''s response was the Commission of the General Assembly. Through the extensive use of church records and other primary sources the work of the commission in pursuit of church security through its debates, committees and addresses, is discussed at length. The book also examines the church and groups like the Cameronians and Hebronites in relation to the parliamentary debate, the pursuit of alternatives to incorporation, popular protest, addressing and armed resistance.Trade ReviewFocussing primarily on the period between April 1706 and January 1707, the author has meticulously researched the attitudes of the Church of the time ... Historians with a particular interest in the role of the Church will undoubtedly appreciate the insight offered by this work. Life and Work A particular strength of Dr Stephen's book is the way he has untangled the several strands of opinion on union amongst the presbyterian community... it is an important piece of research, which challenges old assumptions and confirms and supplements other recent revisionist work on the union. -- Christopher Whatley, University of Dundee Parliamentary History Focussing primarily on the period between April 1706 and January 1707, the author has meticulously researched the attitudes of the Church of the time ... Historians with a particular interest in the role of the Church will undoubtedly appreciate the insight offered by this work. A particular strength of Dr Stephen's book is the way he has untangled the several strands of opinion on union amongst the presbyterian community... it is an important piece of research, which challenges old assumptions and confirms and supplements other recent revisionist work on the union.Table of ContentsContents.; 1. Union; The Religious and Political Background 1689-1706.; 2. And the Gates of Hell Shall Not Prevail Against It: Securing the; Church in the event of a Union.; 3. 'Upon the Watchtower of This Church': The Commission of the; General Assembly.; 4. Presbyteries and Parishes: Addressing Against Union.; 5. The Church and Popular Protest.; 6. Incorporating Union; the Search for an Alternative.; 7. 'That God may Mercifully Bring Good out of the Union.'; Appendix.; Bibliography.

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Book SynopsisThis volume addresses several core questions regarding the nature of law in China and its future development. In particular, these articles shed light on whether the rule of law ideal is commensurable with government based on the Chinese Communist Party. Beginning virtually from scratch, China has established a comprehensive legal system that boasts a constitution, primary and secondary legislation and plentiful regulations covering most areas of public and private life. Yet, as these articles discuss, its courts are enmeshed in Party and state hierarchies and are not empowered to directly apply constitutional principles or rights, ensuring that the law is subordinate to national public policy goals. Legal and extra-legal methods for punishing wrongdoing and resolving disputes also raise questions of due process of law. Ultimately, the question is therefore whether China''s legal system, if eschewing formalised human rights, is developing a capacity to protect fundamental human dignityTable of ContentsContents: Introduction; Were Chinese rulers above the law? Toward a theory of the rule of law in China from early times to 1949 CE, Qiang Fang and Roger Des Forges; Constitutionalism with Chinese characteristics? Constitutional development and civil litigation in China, Thomas E. Kellogg; The politics of constitutional reform in China: rule of law as a condition or as a substitute for democracy?, Richard Balme and Yang Lihua; China's legislation law and the making of a more orderly and representative legislative system, Laura Paler; Political parties in China's judiciary, Zhu Suli; China's courts: restricted reform, Benjamin L. Liebman; Who will find the defendant if he stays with his sheep? Justice in rural China, Frank K. Upham; The production of legal norms: a case study of administrative detention in China, Sarah Biddulph; Using law for a righteous purpose: the Sun Zhigang incident and evolving forms of citizen action in the People's Republic of China, Keith J. Hand; Shuanggui and extralegal detention in China, Flora Sapio; When lawyers are prosecuted...: the struggle of a profession in transition, Fu Hualing; Weiquan (rights protection) lawyering in an authoritarian state: building a culture of public-interest lawyering, Hualing Fu and Richard Cullen; Riots and cover-ups: counterproductive control of local agents in China, Carl F. Minzner; Justice from above or below? Popular strategies for resolving grievances in rural China, Ethan Michelson; Public opinion supervision: a case study of media freedom in China, Anne S.Y. Cheung; Name Index.

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Book Synopsis

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Book SynopsisKeith Syrett is Professor of Health Law and Policy at the University of Bristol Law School, where he teaches in public law and administrative law.His research interest is public law, especially the relationship between law and the rationing of scarce health care resources.

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Book SynopsisA Gedenkschrift to one of Scotland's most prominent jurists and legal thinkers.

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Book SynopsisTried and Convicted offers a controversial look at how our constitutional rights are often circumvented by the criminal justice system with impunity. Readers interested in personal liberties and rights will be intrigued by the ways in which those rights may be trampled should they enter the criminal justice system on the criminal end.Trade ReviewIn this book, Michael D. Cicchina, a Wisconsin criminal defense attorney, argues quite convincingly that fundamental constitutional liberties are under attack by criminal justice practitioners. ... The author also makes a convincing argument that the right to privacy is a soft law that is routinely violated by governmental agents. ... This book is very eye opening and should be read by anyone who is interested in pursuing a career in law enforcement. It is a concise and well-written work that would make excellent supplemental reading material for virtually any undergraduate or graduate level course related to criminal law or criminal procedure. I strongly recommend this book. Once I opened it, I literally could not stop reading. * International Criminal Justice Review *Cicchini puts the police, prosecutors and judges on trial—a highly entertaining turn of events! -- Terry Rose, Rose & Rose Law Firm, Senior Partner, Rose & Rose Law Firm, “A” rated by Martindale-Hubbell, the nation’s leading law directory, Named “Lawyer of the Year” by the ACLU of Wisconsin (1991)In the contrarian spirit of political journalist Christopher Hitchens, Cicchini destroys the prevailing media-driven views on American justice. -- Jay McRoy, Ph.D., professor and chair of English at the University of Wisconsin–Parkside, author, Nightmare Japan and coeditor, Monstrous AdaptationsTried and Convicted brilliantly demonstrates why our constitutional rights are often not what they seem. Michael Cicchini has written a book that can instantly be understood by non-lawyers, but contains much that even practicing lawyers don't know. So you think you know your rights? Wait until you read this. -- Matthew Flynn, senior partner, Quarles & Brady LLP; author, Pryme KnumberHyperbole notwithstanding, Tried and Convicted may be the most insightful, raw, and unvarnished look into the criminal justice system, short of being charged with a crime. -- Amy B. Kushner, Ph.D., coauthor, But They Didn’t Read Me My Rights!, contributing author, 101 Gangster Movies and 101 War MoviesTable of ContentsDisclaimer Introduction 1 “How the Hell Did I Wind Up Here?” 2 The Nature of Constitutional Rights 3 “How Can You Defend Those People?” 4 Self-Incrimination: You (Sort of) Have the Right to Remain Silent 5 Privacy: You Have the Right to Be Secure in Your Home (Unless We Really Want to Come In) 6 Confrontation: You (Might) Have the Right to Cross-examine Your Accuser 7 Taking a Step Back: Some Procedural Basics 8 You Have the Right to a Speedy Trial 9 A Fair and Impartial Jury of Your Peers? 10 Judicial Bias: A Fair Trial in a Fair Tribunal? 11 Prosecutor Misconduct and the “Harmless Error” 12 Plea Bargaining: A Deal Is (Not) a Deal 13 Sentencing: Let the Punishment Exceed the Crime 14 You Have the Right to the Effective Assistance of Counsel 15 Moving Forward Further Reading About the Author

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Book SynopsisFostering State-Tribal Collaboration: An Indian Law Primer surveys federal Indian law in order to facilitate collaborative policy development between the states and Native American tribes. Wilkins addresses civil and criminal jurisdiction, taxation, the Indian Child Welfare Act and other human services issues, environmental regulation, Indian gaming and revenue sharing, intergovernmental agreements and limited waivers of sovereign immunity, encouraging a move away from conflict and litigation and towards communication and collaboration. She provides a historical context for the existing law and foundational knowledge to foster programs and policies that meet the needs of all citizens and engage in successful cross-jurisdictional policy development. Unlike most other authors of texts on Indian law, who write for academics or lawyers, Wilkens explains current issues using practical, jargon-free language, making her book of immediate practical value to policymakers and students.Trade ReviewWith years of direct experience in the field of tribal-state relations, Andrea Wilkins provides an imminently useful guide for anyone seeking to bridge the chasm that continues to exist between these political actors. Her practical approach makes accessible an understudied, and often daunting, subject, the comprehension of which is vital for shared future success. -- David E. Wilkins (Lumbee), Professor of American Indian Studies, University of Minnesota

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Book SynopsisJudicial Behavior and Policymaking introduces students to the politics of judging, exploring why judges make the decisions they do, who has the power to influence judicial decision-making, and what the consequences of court decisions are for policymaking. Further, this text familiarizes students with the methods that professional political scientists use to conduct research about the courts, including the quantitative analysis of data. Designed for undergraduates and graduate students alike, this accessible and engaging text provides a thorough introduction to the world of judicial politics.Trade ReviewHume presents a social-scientific take on the politics of judging. This brief volume focuses on empirical versus normative questions that are key to fostering an analytical approach to what we know about courts and judging. . . The supplementary primary source excerpts are the standard fare for judicial process textbooks. . . they provide solid applications of the concepts introduced in the text. The structure of the book is organized by social science theories, which provides an interesting frame for presenting concepts organically, on an as-needed basis. This makes the flow of the book superior to that of many similar texts. Although the book covers many of the basics, it occasionally assumes some prior knowledge. It draws more heavily from the perspective of political science than many similar texts, which makes it an important supplement to a more traditional text in courses on judging, judicial process, or law and society. Summing Up: Recommended. Upper-division undergraduates through professionals. * CHOICE *Judicial Behavior and Policymaking is a concise introduction to the politics of judging. With a unique focus on judicial behavior as research, the text clearly presents the arguments and theories concerning judicial decision-making, selection methods, and the place of judges in American society. With emphasis given to both federal and state courts and the clarity of it presentation, Judicial Behavior is an appropriate supplementary text for any undergraduate course on judicial behavior, law and society, or constitutional law. -- Andrew H. Sidman, John Jay College of Criminal Justice, CUNYThis text provides a nice overview of theories and findings in the judicial politics literature yet remains accessible to undergraduate students--a great option for courses focused on judicial politics. -- Richard Vining, University of GeorgiaTable of ContentsChapter 1: Judges as Policymakers Part One: Theories of Judicial Behavior Chapter 2: The Attitudinal Model Chapter 3: The Legal Model Chapter 4: The Strategic Model Part Two: Judges in American Politics Chapter 5: Judicial Selection and Retention Chapter 6: Courts and the Public Chapter 7: The Impact of Courts

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Book SynopsisThe 1985 European Charter of Local Self-Government secures the autonomy of local government within states and sets the standards for subsidiary at the local level. Chris Himsworth analyses the text of the 1985 European Charter of Local Self-Government, traces its historical emergence and explains how it has been applied throughout Europe.

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Book SynopsisImagined States examines representations of the law in British and Nigerian high-brow, middle-brow and popular fiction and journalism. It reads works by Chinua Achebe, Joyce Cary, Cyprian Ekwensi and Edgar Wallace, together with a range of Nigerian market literature and journalism.

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Book SynopsisBefore the independence referendum in 2014, the First Minister of Scotland Alex Salmond promised a written constitution for Scotland in the event of a 'Yes' vote. The UK is almost unique in having never adopted a written constitution or other fundamental law. Why did this commitment arise in Scotland?

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Book SynopsisEverything you need to know about the Scots law of delict, rigorously updated for the 3rd edition.

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Book SynopsisThis volume contains a wide-ranging selection of materials on constitutional and administrative law, human rights and civil liberties, making it essential for public law students on the Scottish LLB Law degree. This edition includes the Early Parliamentary Elections Act 2019, the Contingencies Fund Act 2020 and the Coronavirus (Scotland) Act 2020.

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Book SynopsisDrawing on a wealth of experience, Stephen McGowan guides you through the often-perplexing patchwork of statute, policy, convention and jurisprudence that all amount to Scottish licensing law. There is no better guide to how Scottish alcohol licensing law works and often does not work in practice.

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Book SynopsisImagined States examines representations of the law in British and Nigerian high-brow, middle-brow and popular fiction and journalism. It reads works by Chinua Achebe, Joyce Cary, Cyprian Ekwensi and Edgar Wallace, together with a range of Nigerian market literature and journalism.

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Book SynopsisThis new edition of Education, Law and Diversity provides extensive updated analysis, from a legal perspective, of how the education system responds to social diversity and how the relevant social and cultural rights of individuals and groups are affected. It spans wide-ranging areas of school provision, including: types of school (including faith schools), the school curriculum, choice of school, out-of-school settings, and duties towards children with special needs and disabilities. It gives extensive coverage to children’s rights in the context of education and includes considerable new material on issues including relationships and sex education, exclusion from school, home education, equal access, counter-extremism and academisation. The new edition also retains and updates areas of debate in the book, such as those concerned with multiculturalism and the position of religion in schools. It continues to focus on England but also makes reference to other jurisdictions within the UK and internationally. It is essential reading for anyone interested in the legal and related policy issues surrounding children’s education today.Trade ReviewThis is ‘law in context’ scholarship at its finest. … It will be an invaluable tool for anyone undertaking research into any of the plethora of issues, debates and areas of legal practice covered here; for lawyers and non-lawyers alike. For child and family lawyers – for whom education law is still sometimes perceived as in some ways a marginal subject – it is not only an essential source but a reminder of the centrality of education in the lives of children and parents alike. It is also a reminder that education law disputes reveal and provoke the questions, and test to the limits the prevailing answers, about the fundamental nature of the relationships between parents, children and the state. -- Daniel Monk, Birkbeck, University of London * Child and Family Law Quarterly *It is a fascinating read, informative and thought-provoking in equal measure, and – unlike a standard legal text – really repays a cover to cover read ... Education, Law and Diversity is as comprehensive as it is ambitious, easy to read despite being in-depth, and well structured and laid out in just nine (admittedly lengthy) main chapters. A real tour de force! -- Iain Nisbet * Journal of the Law Society of Scotland *An important contribution to our collective understanding of the domestic enforcement of the right to education … Overall, this is an excellently written and well-researched contribution, which contains a detailed examination of education law, policy and case law relating to the provision of education in England. This book is further characterised by a commendable scholarly rigour which sets it apart in terms of the detail and precision afforded to the examination of the legal development, and provision, of the right to education in England. -- Amel Alghrani, Seamus Byrne and Deborah Tyfield * Legal Studies *Table of Contents1. Children’s Education and the Law in a Diverse Society I. Introduction II. Rights III. Integration, Identity and Multiculturalism IV. Conclusion 2. Responsibility for Children’s Education I. Introduction II. Th e State’s Role in Supporting Access to Education III. Conclusion 3. Institutional Diversity in a Developing Schools System I. Introduction II. State Education: Separate National Systems within the UK III. Schools and Education: Th e Role of the State 1870–1980 IV. Towards a More Diverse Schools System: 1980–1997 7 V. Diversity and Control of Schools Under ‘New Labour’ 1997–2010 VI. A New ‘Moral Order’? Education Reform Since 2010 VII. Conclusion 4. Equal Access for Children to Education Settings I. Introduction II. Equality and the Right to Education III. Th e Equality Act 2010 and Children’s Education IV. Conclusion 5. School Admission Policies and Decisions I. Introduction II. ‘Pupils are to be Educated in Accordance with the Wishes of their Parents’ III. Fair Admissions? IV. Th e Implications of School Preference V. Conclusion 6. Secular Education in the State Sector: A Curriculum for All? I. Introduction II. Centralisation and a National Curriculum III. ‘Fundamental British Values’ and Countering Extremism IV. Sex and Relationships Education and Health Education V. Conclusion 7. Religion in the School Curriculum I. Introduction II. Religious Education III. Collective Worship IV. Creationism and ‘Intelligent Design’ V. Conclusion 8. Education Outside the State Sector I. Introduction II. Regulation and Control of the Curriculum in Independent Schools III. Home Education and Unregistered Schooling IV. Conclusion 9. Special Educational Needs: Voice, Place and Choice I. Introduction II. SEND and Children and Young People in England III. Voice IV. Place V. Choice VI. Conclusion 10. Conclusion: Schooling for One and All?

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Book SynopsisBrexit is on its way. By mid 2019, the UK will no longer be a member of the European Union and its new relationship with the EU will be have taken shape. Getting to that point will involve complex negotiations untangling legal, economic and political issues. This volume brings together leading commentators to examine three crucial questions on the risk, the negotiating framework and the process.Trade ReviewNegotiating Brexit is a collection of incisive essays which offers a searchlight and a compass for navigating the uncharted waters ahead from the perspective of negotiating the UK’s withdrawal process. -- George K Ndi * Common Market Law Review *

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Book SynopsisThis monograph looks at how tax is intertwined with constitutional law and the state in the UK. It looks at a variety of topics including tax devolution, scrutiny and reform of tax legislation, the protection of taxpayers and the domestic legal processing of international rules and problems. Tax Law, State-Building and the Constitution presents and interrogates five key claims. First, there is a clear overlap between the concerns of tax and constitutional lawyers. Secondly, the tax system is being deeply affected by the fast pace of constitutional change. Thirdly, decisions taken in the tax field are likely to have a reverse influence on the evolution of the constitution. Fourthly, these relationships are heavily context-dependent, with tax making all the difference to some ongoing constitutional controversies whilst having very little to do with others. Fifthly, by acknowledging tax as an important moving part within the contemporary constitution we might understand both tax and constitutional law a little better. The book therefore contributes to deeper theoretical debates on the identity of tax law as a discipline, the relevance of tax to public lawyers, the meaning of state-building in the recent history of a developed country and the importance of public finances to a wider sense of ‘what is going on’. These are questions that ought to command the attention of tax and constitutional law academics as well as policy makers and reformers. Runner-up of the 2022 SLS Peter Birks Prize for Outstanding Legal Scholarship.Trade ReviewThis book is of enormous importance in making clear that tax law is public law, and in providing detailed coverage of major issues which illustrate this point. It would not go too far to say that it is ground-breaking in suggesting new paths for research and new ways of understanding both legal disciplines. It is extremely well written and easy to understand, and it should be accessible to both tax and public law audiences. -- Tony Prosser, Professor of Public Law, University of Bristol * British Tax Review *Table of Contents1. Tax Law, State-building and the Constitution I. Introduction II. Tax as Public Law III. State Building IV. The UK Constitution V. Normative Perspectives VI. The Approach in this Book VII. Conclusion 2. Tax Devolution I. Devolution in the UK Constitution II. Tax Devolution III. Tax in the Constitution IV. Interim Conclusions 3. Reform and Scrutiny of Tax Policymaking I. Constitutional Debates II. Tax Debates III. Improving Reform and Scrutiny IV. Tax in the Constitution V. Interim Conclusions 4. Taxpayer Protection I. Constitutional Debates II. Protection of Taxpayers III. Tax in the Constitution IV. Interim Conclusions 5. Europe and Beyond I. International Law in the UK Constitution II. International Tax III. Brexit IV. Tax in the Constitution V. Interim Conclusions 6. Constitutional Disruption I. Tax and Development II. Taxpayer Consent III. Institution Building IV. Calm at Westminster V. The Flexible Constitution VI. Constitutional Disruption VII. Best Hidden VIII. A Distinctive Window IX. Concluding Comments

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Book SynopsisRichard Gordon KC, a member of Brick Court Chambers, London, is recognised as one of the UK's leading silks in administrative and public law and human rights. He is a Visiting Professor at University College London and at the Chinese University of Hong Kong. He has acted in many of the most important public law and human rights cases in recent years, and appears regularly before the House of Lords and Court of Appeal and in foreign jurisdictions as well as before the ECJ and European Court of Human Rights.

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Book SynopsisThe first comprehensive study of the nature and scope of the nationhood power, this book brings a fresh perspective to the scholarship on the powers of the executive branch in Australia. The question of when the Federal Executive Government can act without the authorisation of the Parliament is contested and highly topical in Australia. In recent judicial decisions, Australian courts have suggested that statutory authorisation may not be required where the Federal Executive Government is exercising the nationhood power; that is, the implied executive power derived from the character and status of the Commonwealth as the national government. The Federal Executive Government has relied on this power to implement controversial spending programs, respond to national emergencies and exclude non-citizens from Australia. Together, the chapters in this book analyse and evaluate judicial observations about the operation of the nationhood power in these different contexts and the limits which apply to it. While the focus of this book is on the nationhood power, it also addresses broader issues concerning the relationship between the legislative and executive branches in parliamentary systems of government. This book makes an important contribution to the literature on executive power and will appeal to constitutional lawyers, scholars and practitioners and those who are involved in the administration of government.Table of ContentsPart I Executive Power in Australia 1. Introduction 2. The Executive Power of the Commonwealth Part II The Scope of the Nationhood Power 3. The Development of the Nationhood Power in the Australian Case Law 4. The Nationhood Power and the Use of the Armed Forces During Emergencies 5. The Nationhood Power and Border Protection Part III Limitations on the Nationhood Power 6. Federalism as a Limit on the Nationhood Power 7. Conclusion Bibliography Index

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Book SynopsisConstitutionalism is in crisis. And the crisis unfolds not only on a national or a regional level. It is a global phenomenon: Democracy is no longer on the rise, the Rule of Law appears weakened, political cohesion seems to erode. Human Rights Protection finds itself questioned, International Criminal Law struggles for broad recognition, international trade may have lost some of its appeal. Institutional actors find their authority questioned, established political parties are threatened by ever-changing popular movements. But where to does the charted road lead? How will the “Crisis of Constitutionalism” unfold in the years to come? Nobody knows, of course. But at the same time: Nobody is too keen to make an educated guess either. This volume remedies that. By giving nine eminent scholars in law and political science the opportunity to make their predictions, where the constitutionalist project will stand ten years from now, it creates a forum of deliberation that will not only aim at anticipating the developments in question but at the same time shape academic discourse on constitutionalism alongside it.Table of ContentsIntroduction: Constitutionalism 2030: A Prediction Christopher Bezemek (University of Graz, Austria) PART ONE ASPECTS 1. Democracy in 2030 Matthias Klatt (University of Graz, Austria) 2. The Rule of Law in 2030 Yaniv Roznai (Radzyner School of Law, Interdisciplinary Center (IDC) Herzliya, Israel) 3. Federalism in 2030 Bilyana Petkova (University of Graz, Austria) PART TWO AREAS 4. International Human Rights in 2030 Andreas T Müller (University of Innsbruck, Austria) 5. International Criminal Law in 2030 Stefanie Bock (University of Marburg, Germany) 6. Global Trade in 2030 Antonios Kouroutakis (University of Madrid, Spain) PART THREE ACTORS 7. Institutions in 2030 Stefanie Egidy (Max Planck Institute for Research of Collective Goods, Germany) 8. Political Parties in 2030 Paulina Starski (University of Freiburg, Germany) 9. Popular Movements in 2030 Tomas Dumbrovsky (Charles University, Czech Republic; Doha Institute for Graduate Studies, Qatar)

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Book SynopsisOmbudsmen are a global phenomenon. They are also a critical part of the public law frameworks of modern liberal democracies. This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government within which they operate. The book is international in scope with authors heralding from most continents - Canada, the Netherlands, the United Kingdom, Australia, New Zealand, Hong Kong, South Africa, Germany, and Austria. This global analysis is both in-depth and expansive in its coverage of the operation of Ombudsmen across civil and common law legal systems. The book has two key themes: - The enduring question of the location and operation of Ombudsmen within public law systems in a changing state, and - The challenges faced by Ombudsmen in contemporary governance. This collection adds to the public law scholarship by addressing a common problem faced by all avenues of public law review – the evolving nature of modern public administration.Table of Contents1. The Evolution and Future of the Ombuds Matthew Groves (Deakin University, Australia) and Anita Stuhmcke (University of Technology Sydney, Australia) PART 1 THE PLACE OF THE OMBUDSMAN IN MODERN GOVERNANCE 2. Maladministration: The Particular Jurisdiction of the Ombudsman Greg Weeks (Australian National University, Australia) 3. The Enforceability of Ombudsman Remedies and Competition with Judicial Review Stephen Thomson (City University of Hong Kong) 4. Understanding the Response from Health Organisations to Health Ombudsman Investigations – A New Conceptual Model Gavin McBurnie (Queen Margaret University, UK) 5. The Role of Ombuds Institutes in Providing Equal Access to Justice for All Maaike de Langen (New York University, Center on International Cooperation) PART 2 THE CHALLENGE OF MODERN GOVERNANCE TO OMBUDSMEN 6. Bringing the Ombudsman Role and Powers into the Twenty-first Century Chris Wheeler (University of Technology Sydney, Australia) 7. Ombuds and Tribunals in a Digital Era: Framing a Digital Legal Consciousness Naomi Creutzfeldt (University of Westminster, UK) 8. Complaint Handling Effectiveness: What Can We Learn from Industry-Based Ombudsmen Schemes? John McMillan (Australian National University, Australia) 9. Decentred Regulation of the Ombudsman Sector: UK Style Richard Kirkham (University of Sheffield, UK) 10 Reform of a National Ombudsman Scheme – A Journey Rob Behrens (Parliamentary and Health Services Ombudsman, UK) 11. Ombudsman and Counter-Democracy: Gas Quakes in the Netherlands and the Democratic Role of the National Ombudsman Marc Hertogh (University of Groningen, the Netherlands) 12. Towards Therapeutic Complains Resolution Jane Williams (Queen Margaret University, UK), Chris Gill (University of Glasgow, UK) and Carolyn Hirst (Hirstworks, UK) 13 High Official at Street Level: A Multi-method Study on the Consultation Days of the Austrian Ombudspersons Julia Dahlvik (University of Applied Sciences FH Campus Wien, Austria), Axel Pohn-Weidinger (University of Göttingen, Germany) and Martina Kollegger, University of Vienna, Austria 14. Reimagining the Classical Ombud: Disability Rights, Democracy and Demosprudence Justice Nick O'Brien (Mental Health Review Tribunal, UK) 15. A Guardian Illuminated: The Role of New Zealand’s Parliamentary Ombudsman in the Health and Disability System Ron Paterson (University of Auckland, New Zealand) 16. Ombuds Institutions: Non-judicial Mechanisms for the Protection and Promotion of the Rights of Older Persons Linda Reif (University of Alberta, Canada)

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Book SynopsisPraise for the previous editions “[A] slim guide to the constitution of the United Kingdom that is both highly readable and impressively thorough. It deserves a place on undergraduate reading lists … [students] will certainly find it worth their while’ Cambridge Law Journal “[The] written style is admirably clear, conversational and free from jargon … It will be of immense interest to anybody with a general interest in UK law, politics and history.” Times Higher Education This timely new edition addresses the many constitutional changes that have arisen since 2016 (including those brought about by Brexit and the COVID-19 pandemic) whilst retaining its hallmark features of clarity and concision. Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK’s historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. Engaging with the central issues in play as the UK enters a new chapter, it explores the impact on devolved government, the principle of sovereignty, the role of the courts and parliamentary reform. As well as providing a contextual and authoritative overview of the principles, doctrines and institutions that underpin the elusive constitution, this study will allow students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.Trade ReviewSignposting is clear and helpful. Bibliographies are to the point...The prose is clear and authoritative. The reader's tour of Britain's constitutional history is efficient. The parliamentary process, including the passage of bills through Westminster, is described accessibly and with concision. The classic texts of constitutional analysis – Dicey, Bagehot, Jennings and the like – are introduced and their contribution summarised. And the radical reforms of the Blair administrations are recounted effectively...a valuable introductory survey. -- Andrew MacDonald * The Law & Politics Book Review *I was aware of the quality and accessibility of the material that the books covers. The current edition is a very useful update that takes into account the most important developments of the UK constitution. -- Dr Nikos Skoutaris * University of East Anglia *A clear exploration of the UK's constitution. Given the immense complexity in analysing an ever-moving set of constitutional arrangements this book presents the issues clearly and readably. My students will benefit greatly from the precision and clarity this book offers. -- Samuel White * University of the West of Scotland *Table of Contents1. UK Constitution: Context and History Introduction Constitutional Contexts What is Liberal Democracy? The UK Constitution, Constitutionalism, and Good Governance Democracy, Accountability, and the Digital World Constitutional History Qualifying Absolute Monarchy The Emergence of Parliament and the Path to Democracy Defining the Nation: What is the United Kingdom? Empire to Commonwealth The European Union and Brexit Constitutional Consequences Conclusion Further Reading 2. Sources of the Constitution Introduction Statute Law The Common Law European Union Law European Convention on Human Rights Legal Treatises The Law and Customs of Parliament The Royal Prerogative Conventions as a Constitutional Source Defining Conventions The Practical Importance of Constitutional Conventions Conclusion Further Reading 3. Constitutional Principles Introduction Parliamentary Sovereignty Defining Legal Sovereignty Express Repeal, Implied Repeal, and Constitutional Statutes Sovereignty, EU Law, and Brexit 2 The Human Rights Act 1998 and Sovereignty The Jackson Case: A Revised Interpretation of Sovereignty? Political Sovereignty: Elections, Referendums, and Brexit The Rule of Law and Separation of Powers Defining Rule of Law The Response to Dicey Separation of Powers Fusion of Powers Parliament, the Lord Chancellor, and the UK Supreme Court Separation of Powers and Judicial Independence A Redefinition of Power? Conclusion Further Reading 4. Constitutional Monarchy Introduction What is the Royal Prerogative? The Constitutional Role of the Monarchy Does the Monarch Retain Real Power? What is the ‘Crown’? Liability of the Crown in Tort and Contract Evaluation: Preservation, Reform, or Abolition? Conclusion Further Reading 5. Parliament Introduction General Elections First Past the Post Alternatives to First Past the Post Social Media and Electronic Voting The Formation of the Government Parliament: Composition and Procedure The Speaker and the Role of Backbench MPs Government and Opposition Parliamentary Privilege Parliamentary Standards and the Conduct of MPs The House of Lords Composition of the House of Lords House of Lords: Further Reform? Parliament as Legislator Public Bills Private Members’ Bills and Private Bills English Votes for English Laws (EVEL) Parliament as Watchdog Parliamentary Questions Departmental Select Committees Wright Reforms: Standing Up to the Executive Public Accounts Committee and National Audit Office Parliamentary Scrutiny of Delegated Legislation and the Impact of Brexit E-Petitions and Popular Democracy The Parliamentary Ombudsman Conclusion Further Reading 6. Government and Executive Introduction The Prime Minister and the Government The Role of Prime Minister The Prime Ministerial Power and Fixed Term Parliaments The Prime Minister and Collective Cabinet Responsibility The Prime Minister: Appointments and Dismissals 10 Downing Street and Policy Formation Prime Minister’s Press Office, SPADS, and Government Spin Shaping Government Departments Ministers and Civil Service Individual Ministerial Responsibility Government Accountability and the Scott Report The Role of the Civil Service New Public Management, Contract State, and Executive Accountability Civil Service Management and the Recognition of Codes of Practice Government Openness and the Freedom of Information Act 2000 E-Government Revolution Conclusion Further Reading 7. The Constitutional Role of the Courts Introduction The Role of the Courts A Supreme Court for the United Kingdom Common Law and Statutory Interpretation The Evolution of the Office of Lord Chancellor Appointing and Dismissing Judges Administrative Law and Judicial Review Red Light and Green Light Theory Tribunals and the ‘Green Light’ View The Impact of Judicial Review Distinguishing Public Law from Private Law The Requirements of Standing Grounds of Judicial Review The Question of Merits The Constitutional Protection of Rights and the Human Rights Act 1998 Vertical or Horizontal Effect Proportionality Review Significant Cases under the Human Rights Act 1998 Reforming the Human Rights Act or replacing it with a British Bill of Rights? Conclusion Further Reading 8. Devolution Introduction Historical Backdrop Institutional Features: Scotland and Wales A New Form of Devolution for Northern Ireland Intergovernmental Relations: Concordats Legal Sovereignty and the Sewel Convention Devolution and the Courts The Scottish Referendum and the Consolidation of Devolution Finance and Tax-raising Devolution and Brexit Devolution and England The West Lothian Question and Constitutional Reform Conclusion Further Reading 9. Local Government Introduction Mayors, Cities, Regions The Wider Structure of Local Government The Financing of Local Government From Compulsory Competitive Tendering to Best Value Citizen Participation and the Big Society The Accountability of Local Government Conclusion Further Reading 10. The UK Constitution: The Way Ahead? Introduction Parliament and Civil Service: Challenges to Core Institutions The Integrity of the UK as a Nation State Is there a Case for the Introduction of a Codified Constitution? Conclusion Further Reading

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Book SynopsisThis book delivers an original, theoretically informed analysis of the legal regulation of online speech. Rejecting the narrow pluralism of elitist and deliberative accounts of the citizen’s role in political discourse, the book defends a participatory account of speech in non-deliberative settings. The latter account of political pluralism best captures the republican democratic aspiration for popular, on-going authorship of the laws and the centrality of freedom to dissent in democratic theory. The legal and policy implications for governments and social media platforms of this inclusive envisioning of public discourse are then elaborated upon. In the digital world, anyone with access to the internet can be a speaker. Speech on public platforms has become democratised. At the same time, aspects of online speech are plainly problematic. Concerns exist about disinformation, ‘fake news’, ‘deep fakes’, ‘weaponised speech’ and ‘trolls’. Offensive speech and the polarising effects of robustly expressed political opinion are also troublesome. These assorted downsides of democratised speech are said to undermine the integrity of democratic processes and institutions. Public debate is distorted and coarsened and the electorate are misled. How ought the liberal democratic state respond to these challenges? The discussion is intended to be read by academics and researchers with interests in democratic theory, digital communications and freedom of expression. It offers a stimulating and distinctive contribution to debates about online speech.Table of Contents1. Damaging Democracy? ‘Fake News’ and Moral Panics Introduction Issues of Principle – How Open Should the Channels of Political Communication be in a Liberal Democracy? Tensions between Liberalism and Democracy Popular Sovereignty in Liberal Constitutionalist Thinking The Popular Sovereignty Challenge to Liberal Constitutionalism and Two Anxieties Mapping Liberalism’s Ochlophobia – Current Restrictions on Freedom of Political Expression and a Republican Argument for Keeping the Channels of Political Change Open 2. Closing Off the Agon: Legal Norms, Deliberative Democracy and ‘Improved’ European Public Discourse Introduction The Liberal and the Democratic Polity Privileging ‘Responsible’ Media – The Council of Europe’s Narrowed Conception of Political Pluralism Threats to Political Pluralism from Liberal Elitist, Deliberative (Civic Republican), Epistemic Accounts of Democracy Containing Majoritarian Passions – Pettit’s Aristocratic Republic of Reason and Critics Conclusion – Ongoing Ineliminable Conflict: Truly Plural, Participatory Politics 3. Enlightenment Rationality vs Machiavellian Pluralism Introduction Enlightenment Roots of Deliberative Democracy and Some Counter-Enlightenment Objections Public Reason and the Reasonable Citizen in Deliberative Democracy Scholarship Conclusion 4. Populism and Ochlophobia: The Denouncements of Popular Participation in Liberal Democracy Introduction Anti-populist Themes in Mainstream Culture and Politics Populism in Political Theory – A Response to Modern Representative Democracy and Redemptive Possibilities Defending Oligarchical Rule Down the Ages – From Thucydides and Plato via Madison and Tocqueville to the Twentieth-century Critics of Mass Culture Denying Isonomia Today – Ochlophobia in Liberal and Republican Political Theory Countering Ochlophobia – Popular (Arendtian) Participation and the Value of Roman Discord Conclusion 5. Popular Participation and Political Dissent in Post-Revolutionary America: A Case Study of the Democratic Republicans Introduction Federalist and Patrician Republican Accounts of the Political Citizen Arendt, Human Action and the Mediated (Oligarchic) Political Life – The Failure of the US Founders to Preserve the Revolutionary Spirit Jefferson’s Ward-republic: Preserving the Revolutionary Spirit The Counter-Publics of Democratic Republican Clubs Conclusion 6. Official and Corporate Gatekeeping of Online Expression with Special Reference to False Statements on Public Affairs Introduction Protecting False Statements in Political Discourse – Some Principled Arguments The Long Reach of UK Criminal Law into Online Political Discourse and Selected Comparisons Across Western Liberal Democracies State Regulation of Contentious Expression – OFCOM and the Coronavirus Disinformation Unit The State as a Producer of False Statements Conclusion 7. Restoring the Agon: Re-opening the Channels of Political Change Introduction – Swimming against the Liberal Tide Dealing with the Problem of the ‘Ins’ and the Role of Plural Political Expression in Preserving Open and Fractious Republican Liberty Common Carriers Not Editors – Public Forums and Banning Viewpoint Discrimination by Social Media Platforms Final Thoughts: The Threat to Self-government

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Book SynopsisThis open access book presents the first comparative study on the legal sources of administrative law. Every modern legal order needs a set of general rules to apply and enforce administrative law; the rules impose principles of action, of procedure, and of organisation of the authorities. The legal basis of these rules may be quite diverse. Some countries have tried to codify administrative law, whilst others work with few rules or unwritten rules. The book considers the consequences that arise from the different degrees of codification of general administrative law. It presents answers to important questions including: Does codification increase predictability and legal certainty? Does codification lead to a ‘petrification’ of administrative law? To what degree does the constitution shape administrative law? Which areas of administrative law are suitable for codification, which are not, and why not? The book answers these questions by presenting 13 country reports, covering both civil and common law traditions, a chapter on the EU, and a comparative analysis. This ebook is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com.Table of ContentsIntroduction 1. The ‘Codification’ of Administrative Law in Australia, Janina Boughey (University of New South Wales, Australia) 2. Codification of Administrative Law in Austria, Konrad Lachmayer (Sigmund Freud University, Austria) 3. Codification of Belgian Administrative Law ‘Nothing is Written, Stéphanie De Somer (University of Antwerp, Belgium) and Ingrid Opdebeek (University of Antwerp, Belgium) 4. A Persistent Taste for Diversity: Codification of Administrative Law in Canada, Pierre Issalys (Laval University, Canada) 5. Codification of Administrative Law: A French Oxymoron, Delphine Costa (Aix Marseille University, France) 6. Codification of Administrative Law in Germany and the European Union, Markus Heintzen (University of Berlin, Germany) 7. Administrative Proceedings in Italy, Roberto Caranta (University of Turin, Italy) 8. Codification of Administrative Law in the Netherlands, Ymre E Schuurmans (University of Leiden, Netherlands), Tom Barkhuysen (University of Leiden, Netherlands) and Willemien den Ouden (University of Leiden, Netherlands) 9. Codification of Norwegian Administrative Law, Jon Christian Fløysvik Nordrum (University of Oslo, Norway) 10. Codification of Administrative Law in Sweden, Jane Reichel (Stockholm University, Sweden) and Michaela Ribbing (Stockholm University, Sweden) 11. Codification of Administrative Law in Switzerland, Felix Uhlmann (University of Zurich, Switzerland) 12. Codification of Administrative Law in the United Kingdom: Beyond the Common Law, Sarah Nason (Bangor University, United Kingdom) 13. The United States: Systematic but Incomplete Codification, Edward L Rubin (Vanderbilt University, United States of America) 14. Science Codification for the European Union: The ReNEUAL-Network: On the Limits of Legal Control of Innovation and Technology, Ariane Berger (University of Berlin, Germany) 15. Comparative Analysis, Felix Uhlmann (University of Zurich, Switzerland)

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Book SynopsisThis book explores accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies. Accountability matters. It matters because it connects the governors with the governed, and for this reason it is a hallmark of democratic governance. And yet, amidst a backdrop of concerns about democratic back-sliding, the rise of populism, the role of algorithmic governance, moral barbarism, and post-truth politics — to mention just a few issues — a number of potentially far-reaching questions of accountability have been asked. It is for exactly this reason that this book explores the concept of accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies. The book considers the questions raised by the shifting architecture of accountability. Whilst some scholars suggest that accountability processes have never been so effective —trumpeting the rise of monitory democracy with its dense array of watchdogs, sleaze-busters, auditors, legislative committees, statutory supports, and investigative mechanisms — others express concern about the risk of ‘overloads’, ‘gaps’, and ‘traps’. This has led to a focus on fuzzy accountability and diagonal accountability, pointing to increasing conceptual confusion. Bringing together world-leading scholars and former politicians and public servants, the book cuts through this confusion and provides the reader with the answers to the most debated issues, including rarely discussed ‘pathologies of accountability’, post-human governance, and a novel focus on balance and proportionality.Table of ContentsAcknowledgements Foreword, Lord Neuberger of Abbotsbury, Former President of the Supreme Court of the United Kingdom 1. Accountability Matters, Matthew Flinders (University of Sheffield, UK) and Chris Monaghan (University of Worcester, UK) Part I: Framing 2. Questions of Perspective - Accountability as a Behavioural Proposition, Thomas Schillemans (Utrecht University, the Netherlands) 3. Questions of Measurement: Striking an Accountability Balance, Ellen Rock (University of Technology Sydney, Australia) 4. Loss of Balance? Exploring the 'Dark Side' of Accountability, Matthew Flinders (University of Sheffield, UK) 5. Fuzzy Law, Executive Powers and the Problem of Accountability, Margit Cohn (Hebrew University of Jerusalem, Israel) 6. Collaborative Constitutional Accountability, Se-shauna Wheatle (University of Durham, UK) Part II: Themes 7. Questions of Control: Accountability in the Shadow of Prorogation, Chris Monaghan (University of Worcester, UK and Josie Welsh (University of Worcester, UK) 8. Questions of Counsel: Accountability and Policy Advice, Jonathan Slater (King’s Policy Institute; former Permanent Secretary in the Department for Education, UK) 9. Enforcing the Conventions of Constitutional Monarchy, Robert Blackburn (King’s College London, UK) 10. Accountability, Human Rights and Beyond: Lessons from Social Security Law, Alison Young (University of Cambridge, UK) Part III: Futures 11. Accountability in Global Governance, Kate Macdonald (University of Melbourne, Australia) and Terry Macdonald (University of Melbourne, Australia) 12. Accountability from the Inside-Out, David Blunkett (Member of the House of Lords, UK; former Home Secretary) 13. Positive Accountability: From Naming, Shaming and Blaming to Lesson Learning, Sharon Shoesmith (former Director of Education and Children's Social Care, UK) 14. Accountability in the Age of Artificial Intelligence, Madalina Busuioc (Vrije University, the Netherlands) Part IV: Where Next? 15. Questions Still to be Answered, Matthew Flinders (University of Sheffield, UK) and Chris Monaghan (University of Worcester, UK)

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Book SynopsisThis book addresses two questions: firstly, how has the fight against COVID-19, especially the individual and collective responses of Latin American nation-states, influenced the relationship between power, people, and statebodies? And secondly, has democracy taken a step back and allowed pandemocracy to replace its long-term legitimising function? Adopting a Global South perspective, the book explores the constitutional, political and institutional measures that paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic. The contributions provide a detailed review of democratic decay and the ‘rule of law’ impairment in many countries of the region. The book goes beyond mere observation and explores all the main theoretical elements that can lead to a more comprehensive understanding of the political and normative impact of the pandemic. In terms of constitutional design and concerning the actual behaviour of political bodies, the fairness and efficacy of Latin American state responses during the COVID-19 pandemic did not rely on civic culture, executive goodwill, or boldness on the part of the judges. The aim of this volume, therefore, is to unravel the most subtle elements of a very puzzling situation. Multidisciplinary perspectives are deployed to explore how democratic standards and goals have been reshaped by nuanced constructions of certain atavistic normative ideas or even by non-constitutional policies. The book sheds light on the underlying connection between politics and law.Table of ContentsPart I: The Theory 1. Faltering Institutional Responses in Backsliding Democracies, Pablo Riberi (Universidad Nacional de Córdoba, Argentina) 2. How the Pandemic Changed Democratic Regimes, Sergio Verdugo (IE University Law School, Spain) Part II: The Practice 3. Pandemocracy in Argentina, Manuel J García-Mansilla (Universidad Austral, Argentina) and Ricardo Ramírez-Calvo (Universidad de San Andrés, Argentina) 4. Pandemocracy in Brazil, Marcelo Figueiredo (Pontifical Catholic University, Brazil) 5. Pandemocracy in Chile, Javier Couso (Universidad Diego Portales, Chile) 6. Pandemocracy in Mexico, José María Serna de la Garza (National Autonomous University of Mexico, Mexico) 7. Peru: Executive v. Legislative Wars Amidst a Global Pandemic, Trilce Valdivia (Universidad Católica San Pablo, Perú) 8. Venezuela: Effects of the Pandemic in a State Already Lacking Constitutional Democracy and Immersed in a Complex Humanitarian Crisis, Daniela Urosa (Boston College Law School, USA) and José Ignacio Hernández (Catholic University and Central University, Venezuela) Part III: Beyond States 9. COVID-19, Corruption and Democratic Institutions, Delia M Ferreira Rubio (Córdoba National University, Argentina) 10. Hyper-Presidentialism versus Federalism During the COVID-19 Emergency in Argentina, Brazil, and Mexico, Antonio María Hernández (National University of Cordoba, Argentina) 11. Environmental Democracy under Quarantine? Access to Information and Public Participation During the COVID-19 Pandemic, Maria Florencia Saulino (Universidad de San Andres, Argentina) 12. The Inter-American System and Constitutional Emergencies, Ignacio Colombo Murúa (Universidad Católica de Salta, Argentina) Epilogue: A Comparative Outlook 13. The COVID-19 Emergency and Instability in Latin America, David Landau (Florida State University, USA) 14. Out of Balance? Revisiting Separation of Powers During the COVID-19 Pandemic, Konrad Lachmayer (Sigmund Freud University, Austria)

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Book SynopsisTitle 42 presents regulations that apply to: medical personnel; medical care and examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare and medical assistance programs; and standards and certification of facilities and services. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

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Book SynopsisThe introduction of the Human Rights Act has led to an explosion in books on human rights, yet no sustained examination of their history and philosophy exists in the burgeoning literature. At the same time, while human rights have triumphed on the world stage as the ideology of postmodernity, our age has witnessed more violations of human rights than any previous, less enlightened one. This book fills the historical and theoretical gap and explores the powerful promises and disturbing paradoxes of human rights. Divided in two parts and fourteen chapters, the book offers first an alternative history of natural law, in which natural rights represent the eternal human struggle to resist domination and oppression and to fight for a society in which people are no longer degraded or despised. At the time of their birth, in the 18th century, and again in the popular uprisings of the last decade, human rights became the dominant critique of the conservatism of law. But the radical energy, symbolic value and apparently endless expansive potential of rights has led to their adoption both by governments wishing to justify their policies on moral grounds and by individuals fighting for the public recognition of private desires and has undermined their ends. Part Two examines the philosophical logic of rights. Rights, the most liberal of institutions, has been largely misunderstood by established political philosophy and jurisprudence as a result of their cognitive limitations and ethically impoverished views of the individual subject and of the social bond. The liberal approaches of Hobbes, Locke and Kant are juxtaposed to the classical critiques of the concept of human rights by Burke, Hegel and Marx. The philosophies of Heidegger, Strauss, Arendt and Sartre are used to deconstruct the concept of the (legal) subject. Semiotics and psychoanalysis help explore the catastrophic consequences of both universalists and cultural relativists when they become convinced about their correctness. Finally, through a consideration of the ethics of otherness, and with reference to recent human rights violations, it is argued that the end of human rights is to judge law and politics from a position of moral transcendence. This is a comprehensive historical and theoretical examination of the discourse and practice of human rights. Using examples from recent moral foreign policies in Iraq, Rwanda and Kosovo, Douzinas radically argues that the defensive and emancipatory role of human rights will come to an end if we do not re-invent their utopian ideal. CONTENTS PART 1 THE GENEALOGY OF HUMAN RIGHTS 1 The Triumph of Human Rights 2 A Brief History of Natural Law I: The Classical Beginnings 3 A Brief History of Natural Law II: From Natural Law to Natural Rights 4 Natural Right in Hobbes and Locke 5 Revolution and Declarations: The Rights of Men, Citizens and Few Others 6 The Triumph of Humanity: From 1789 to 1989 and from Natural to Human Rights PART 2 THE PHILOSOPHY OF HUMAN RIGHTS 7 The Classical Critiques of Rights: Burke and Marx 8 Subjectum and Subjectus: The Free and Subjected Subject 9 Law's Subjects: Rights and Legal Humanism 10 Hegel's Law: Rights and Recognition 11 Psychoanalysis Becomes the Law: Rights and Desire 12 The Imaginary Domain and the Future of Utopia 13 The Human Rights and the Other 14 The End of Human RightsTrade Review... an intriguing work that offers many critical insights into the weaknesses and limits of conventional human rights thinking and which, in addition, subjects the very idea of human rights to a painstaking deconstruction which leaves the reader somewhat breathless in the realisation that what might generally be though of as a good and noble ideal is in fact possibly its opposite, at least in the wrong hands. This review simply cannot convey the richness and complexity of this book. It offers a genuine alternative to the rather self-satisfied literature on human rights Peter Muchlinski Public Law July 2000 Douzinas writes with his usual astonishing range of reference, high intelligence and often startling perception. Moreover, this is the most serious work on the theory of human rights yet to appear in the English language. Douzinas' range of reading and sense of intellectual excitement are unrivalled. His post-modern playfulness has been replaced by a sincere and lucid eloquence, open to all readers...this is work of the greatest seriousness and importance. It is in no sense a textbook, but no student of human rights, scholar or activist can afford to ignore it. Bill Bowring King's College Law Journal July 2000 The End of Human Rights... is a thought-provoking critique of the theoretical and historical underpinnings of the apparent commitment to the protection of human rights ...Douzinas' work offers much for thought. Joanna Harrington Canadian Journal of Law and Jurisprudence July 2000 The End of Human Rights is a challenging and thoughful text issuing a challenge to self-assured liberal rights literature. Tabik Kochi, Faculty of Law, Griffith University. Tarik Kochi, Griffith University Griffith Law Review July 2001 His method skilfully combines history, philosophy, psychoanalysis and law. The scholarship throughout is remarkable for its range and boldness... The End of Human Rights is a rich book, full of provocative ideas, which should appeal to any reader concerned about the future of human rights law and practice. Thomas Poole The Human Rights Law Review June 2002 ...a well argued and very well written analysisThroughout, the book is written in a refreshing tone Mikael Rask Madsen Journal of South Pacific Law July 2003Table of ContentsPart 1 The genealogy of human rights: the triumph of human rights; a brief history of natural law I - the classical beginnings; a brief history of natural law II - from natural law to natural rights; natural right in Hobbes and Locke; revolutions and declarations - the rights of men, citizens and a few others; the triumph of humanity - from 1789 to 1989 and from natural to human rights. Part II The philosophy of human rights: the classical critiques of rights - Burke and Marx; subjectum and subjectus - the free and subjected subject; law's subjects - rights and legal humanism; Hegel's law - rights and recognition; psychoanalysis becomes the law - rights and desire; the imaginary domain and the future of Utopia; the human rights of the other; the end of human rights.

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