Constitutional and administrative law: general Books

Book SynopsisTrade ReviewThere are few more important subjects than the future of democracy and few better people to analyze it than Samuel Issacharoff in this important and timely book. * Lord Mervyn King, former Governor, Bank of England *How is it that democracy, worldwide, finds itself so threatened three decades after its apparent triumph over other forms of political ordering? This brilliant new book explains how a series of economic, technological, sociological, and legal shifts undermined the shared commitment to citizen self-government and the constellation of institutions necessary for democracies to flourish. An engaging and provocative, truly interdisciplinary, work. * Pamela S. Karlan, Stanford Law School *An exceptional mastery of the historical background and structural conditions out of which have emerged the populist threat to democratic norms and institutions. This is a simply superb contribution to the urgent debate about the fate of liberal democracy. * Bob Bauer, New York University School of Law and former White House Counsel *An insightful if troubling description of the ills of democracies around the world face as populism rises, and some prescriptions for how to cure the problems. This readable analysis contains important lessons for both the Right and Left if they hope to govern successfully in these uncertain and transformational times. * Ben Ginsburg, Hoover Institution; National Counsel, Romney for President for 2012; Bush-Cheney 2000, 2004 *Democracy Unmoored is a brilliant and engaging addition that brings together thinking about the relationship between formal institutions and social mobilization in way that is unusual in the literature on populism. This is one of our foremost scholars of democracy in top form. The book is a must read if we want to understand our democratic predicament. * Pratap Bhanu Mehta, Laurence Rockefeller Visiting Professor, Princeton University *Samuel Issacharoff is a cosmopolitan and global thinker with a keen understanding of the complexities and subtleties that led to the decline of contemporary democracies. This indispensable book is a warning, but also a source of hope in the struggle to push history in the right direction. * Justice Luís Roberto Barroso, Brazilian Federal Supreme Court *Democracy Unmoored is original and insightful. * Walter Horn, 3:16 AM Magazine *Table of ContentsIntroduction Part I: The World the Populists Found Chapter 1: The Frayed Social Fabric of Democracy Chapter 2: The Capacity to Govern Chapter 3: The Political Institutions of Democracy Part II: Politics Under Populism Chapter 4: Populism and the Here and Now Chapter 5: Caudillos in Command Chapter 6: Judicial Intercession Chapter 7: Corruption Simpliciter Chapter 8: Institutional Wreckage Part III: A Democratic Restoration? Chapter 9: The Exposed Underpinnings of American Democracy Epilogue: Glimmers of Hope?

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Book SynopsisWade & Forsyth's Administrative Law is the definitive account of the principles of judicial review and the administrative arrangements of the United Kingdom. Firmly established among the foremost rank of legal textbooks, it stands unparalleled in both scope and detail.Trade ReviewThis is a classic text. Very highly regarded, authoritative in analysis and comprehensive in its coverage. I've enjoyed successive editions over the years and always get a copy for research purposes. * Robert Thomas, Professor of Public Law, University of Manchester *Table of ContentsPart I. Introduction 1: Introduction 2: Constitutional foundations of the powers of the courts Part II. Authorities and functions 3: The central government 4: Local and devolved government 5: Public corporations, privatisation and regulation Part III. European influences 6: The European Union 7: Personal rights and freedoms Part IV. Powers and jurisdiction 8: Jurisdiction over fact and law 9: Problems of invalidity Part V. Discretionary power 10: Retention of discretion 11: Abuse of discretion Part VI. Natural justice 12: Natural justice and legal justice 13: The rule against bias 14: The right to a fair hearing Part VII. Remedies and liability 15: Ordinary remedies 16: Prerogative remedies 17: Boundaries of judicial review 18: Procedure of judicial review 19: Restrictions of remedies 20: Liability of public authorities 21: Crown proceedings Part VIII. Administrative legislation and adjudication 22: Delegated legislation 23: Statutory tribunals 24: Statutory and other inquiries

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Book SynopsisThe only public law text to take a practical approach to the subject, applying the law to real life without sacrificing theoretical depth.Public Law guides students to a clear understanding of the fundamentals of constitutional and administrative law, with each concept applied to a hypothetical scenario for practical context. With a fluid, succinct style, the authors carve a logical pathway through the key areas studied on the LLB.Key features- Combines clear, easy-to-follow explanations of the fundamental principles of public law with theoretically critical consideration of the key areas of debate- Takes a distinctly practical approach, using convincing real-life scenarios and learning features to engage students, setting the law into an everyday context- Perfectly pitched for undergraduates, the book''s contents and approach align neatly with the majority of public law courses- Provides thorough coverage of administrative law along with the three grounds for judicial reviewNew to this Edition- Revised chapters on the separation of powers, the rule of law, and parliamentary sovereignty- Discussion of recent case law concerning the courts'' consideration of ouster clauses in R (Oceana) v Upper Tribunal (Immigration and Asylum Chamber) and R (LA (Albania)) v Upper Tribunal- Updated to include coverage of the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023- Recent developments within central government are discussed including coverage of events and updates that took place following Labours'' victory in the 2024 General ElectionDigital formats and resourcesThe fourth edition is available for students and institutions to purchase in a variety of formats: the e-book and Law Trove offer a mobile experience and convenient access along with multiple choice questions, guidance on approaching and analysing the real life scenarios in the book, legal updates, functionality tools, navigation features, and links that offer extra learning support. For more information about e-books, please visit www.oxfordtextbooks.co.uk/ebooks

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Book SynopsisThe field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court.The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory.Providing the first single-volume, comprehensive reference resource, the ''Oxford Handbook of Comparative Constitutional Law'' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.Table of ContentsPART I: HISTORY, METHODOLOGY, AND TYPOLOGY ; PART II: IDEAS ; PART III: PROCESS ; PART IV: ARCHITECTURE ; PART V: MEANINGS/TEXTURES ; PART VI: INSTITUTIONS ; PART VII: RIGHTS ; PART VIII: OVERLAPPING RIGHTS ; PART IX: TRENDS

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Book SynopsisDe Smith's Principles of Judicial Review is the leading work on the principles, practice and remedies of judicial review in England and Wales. This edition reflects the continuing importance and complexity of judicial review and incorporates recent fundamental developments in the area. It deals with domestic grounds of review, challenges under the Human Rights Act 1998 and the use of European Community law in judicial review.

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Book SynopsisDespite the growing scholarly interest in comparative public law, there remain relatively few works on the subject. Contemporary French Administrative Law aims to redress that imbalance, offering English-language readers an authoritative introduction to the key features of French administrative law and its institutions. The French legal system is among the most well-developed and influential in the world, and, as procedures continually adapt to European and international influences, it has never been more worthy of research, study and interrogation. This book employs a wide range of recent, illustrative cases to demonstrate how French administrative law works both in theory and in practice. Using a systematic approach and covering everything from judicial review to public contracts, this is a highly valuable text for any student or researcher with an interest in French law. The book is also available as Open Access.Table of Contents1. Introduction; 2. The institutional and legal context of administrative law; 3. Courts and judges; 4. The procedure for making claims against public authorities; 5. The distinction between public law and private law; 6. Judicial review: procedure; 7. Maintaining legality: the grounds of review; 8. State liability; 9. Claims relating to public contracts; 10. Conclusion.

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Book SynopsisUsing numerous topical examples and a clear structure, this third edition textbook provides an accessible, discursive and scholarly treatment of the key contemporary issues in UK public law. Drawing upon their extensive teaching and research experience, Roger Masterman and Colin Murray offer an engaging account of the key topics which make up a constitutional and administrative, or public, law syllabus. Controversial issues and broader debates are highlighted throughout the text, allowing the reader to develop a strong understanding of both the application of key topics in the field and the socio-political context in which the constitution has developed. This fully revised edition includes detailed analysis of recent significant cases, the constitutional implications of the Covid-19 pandemic and a dedicated chapter on the consequences of Brexit.Trade Review'This is a thoughtful and thorough examination of the UK constitution, one which provides an illuminating account of the law grounded in the political functioning of the state.' Nicholas Barber, Professor of Constitutional Law and Theory, University of OxfordTable of ContentsPreface to the third edition; Acknowledgements; Table of cases; Table of statutes; Part I. Constitutional Regulation in the Absence of a Codified Constitution; 1. The purposes and characteristics of constitutions; 2. The domestic sources of the UK Constitution; 3. The UK Constitution and international legal orders; 4. Brexit and the UK Constitution; 5. Law, politics and the nature of the United Kingdom Constitution; Part II. The Theory and Practice of the United Kingdom Constitution; 6. Parliamentary sovereignty; 7. The rule of law; 8. Separation of powers; 9. Principles of political and parliamentary accountability; Part III. Central Government in the United Kingdom; 10. The executive; 11. Parliament (I): the House of Commons; 12. Parliament (II): the House of Lords; 13. The United Kingdom Supreme Court and the office of Lord Chancellor: towards an independent judicial branch?; Part IV. Decentralised Government in the United Kingdom; 14. The United Kingdom's devolution arrangements; 15. Devolution and the UK Constitution; Part V. Accountability (I): Scrutiny, Openness and Good Administration; 16. Parliamentary scrutiny of government; 17. The Parliamentary Ombudsman; 18. Freedom of information; Part VI. Accountability (II): The Courts; 19. Judicial review of administrative action – theory, procedure and remedies; 20. Judicial review of administrative action – grounds for review; 21. The European Convention on human rights; 22. The Human Rights Act 1998; 23. Political freedoms and democratic participation; Index.

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Book SynopsisOffering a more accessible alternative to casebooks and historical commentaries, Law Among Nations explains issues of international law by tracing the fieldâs development and stressing key principles, processes, and landmark cases.This comprehensive text eliminates the need for multiple books by combining discussions of theory and state practice with excerpts from landmark cases. The book has been updated in light of the continuing revolution in communication technology; the dense web of linkages between countries that involve individuals and bodies both formal and informal; and important and controversial areas such as human rights, the environment, and issues associated with the use of force. Renowned for its rigorous approach and clear explanations, Law Among Nations remains the gold standard for undergraduate introductions to international law.New to the Twelfth Edition Added or expanded coverage of timely issues in internaTrade ReviewPraise for Law Among Nations Thorough, insightful, informative, and readable, Law Among Nations is the gold standard for international law textbooks. This text includes a brilliant compilation of legal material, and is essential reading for students of international law at all levels. Jeffrey S. Morton, Florida Atlantic University I have used Law Among Nations for several years in undergraduate law and international relations classes and found that it works well for instructor and students alike. The coverage is comprehensive, including environmental law and economic law as well as the more traditional topics, with clear explanations of complex international law subjects. I am looking forward to using the new edition. David A. Gantz, University of Arizona Larry Taulbee has updated and improved this International Law text, which continues to be the very best summation of the legal approach. It allows nonlawyers to understand how the different states (countries), as well as non-state actors and even individuals, are regulated by the laws that most states follow most of the time, and the rules that persist even when those rules are ignored. Students are exposed to legal cases, but unlike a law school text, it provides clear explanations of the complicated rules that have emerged over centuries but continue to become more complicated and relevant to everyone everywhere, whether or not they realize it. Henry Frank Carey, Georgia State University Praise for Law Among Nations Thorough, insightful, informative, and readable, Law Among Nations is the gold standard for international law textbooks. This text includes a brilliant compilation of legal material, and is essential reading for students of international law at all levels. Jeffrey S. Morton, Florida Atlantic University I have used Law Among Nations for several years in undergraduate law and international relations classes and found that it works well for instructor and students alike. The coverage is comprehensive, including environmental law and economic law as well as the more traditional topics, with clear explanations of complex international law subjects. I am looking forward to using the new edition. David A. Gantz, University of Arizona Larry Taulbee has updated and improved this International Law text, which continues to be the very best summation of the legal approach. It allows nonlawyers to understand how the different states (countries), as well as non-state actors and even individuals, are regulated by the laws that most states follow most of the time, and the rules that persist even when those rules are ignored. Students are exposed to legal cases, but unlike a law school text, it provides clear explanations of the complicated rules that have emerged over centuries but continue to become more complicated and relevant to everyone everywhere, whether or not they realize it. Henry Frank Carey, Georgia State University Table of ContentsPreface Acknowledgments Abbreviations PART I THE LAW OF NATIONS CHAPTER 1 The Nature of International Law CHAPTER 2 Development of Law Among Nations CHAPTER 3 Sources of the Law CHAPTER 4 International Agreements CHAPTER 5 International Legal Process CHAPTER 6 The Relationship Between International and Municipal Law PART II SUBJECTS OF INTERNATIONAL LAW CHAPTER 7 Subjects of International Law: Recognition CHAPTER 8 Rights and Duties of International Legal Persons PART III THE ALLOCATION OF COMPETENCE IN INTERNATIONAL LAW CHAPTER 9 Nationality CHAPTER 10 Principles of Jurisdiction CHAPTER 11 State Responsibility CHAPTER 12 The Law of the Sea CHAPTER 13 Jurisdiction: Air Space, Cyberspace, and Outer Space CHAPTER 14 Agents of International Intercourse Immunities PART IV INTERNATIONAL LAW AND THE INDIVIDUAL CHAPTER 15 The Individual and International Law: Human Rights CHAPTER 16 International Criminal Law PART V PROCESSS AND ISSUES CHAPTER 17 Adjudication CHAPTER 18 International Law and Protection of the Environment CHAPTER 19 International Economic Law PART VI LAW AND THE USE OF FORCE CHAPTER 20 Law and the Use of Force CHAPTER 21 International Humanitarian Law: War Crimes CHAPTER 22 War Crime Tribunals Subject and Name Index Index of Cases

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Book SynopsisUnlocking Constitutional and Administrative Law provides an indispensable foundation in this core law curriculum subject, ensuring that you grasp the main concepts with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Constitutional and Administrative Law. The information is clearly presented in a logical structure and the following features support learning, helping you to advance with confidence: Clear aims and objectives at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Facts summaries throughout each chapter allow you to progressively build and consolidate your knowledge Diagrams to aid memory and understanding Cases and judgments are highlighted to help you find them and add them to your notes quickly End-of-chapter summaries provide a useful cTable of Contents1. Introductory Concepts 2. Constitutions 3. The Nature of the British Constitution 4. The Sources of the British Constitution 5. The Separation of Powers 6. The Rule of Law 7. Parliamentary Sovereignty 8. Parliament I: Nature, Functions and Privilege 9. Parliament II: The House of Commons 10. Parliament III: The House of Lords 11. The Executive 12. Executive/Parliamentary Relations 13. The Judiciary 14. The Decentralisation of Public Power 15. The European Union 16. The European Convention on Human Rights 17. The Human Rights Act 1998 18. Freedom of Speech 19. Judicial Review I (Rationale and Procedure) 20. Judicial Review II (Grounds of Review and Remedies) 21. Grievance Mechanisms 22. COVID-19 and The Constitution

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Book SynopsisAs space continues to attract substantial public and private investment and has become ever more active, the third edition of this book has been updated to cover recent developments. This includes the legal bases of UN Resolution 76/3, the Space3030 Agenda, which envisages âspace as a driver of sustainable developmentâ and sets out an extensive programme for the future. The work also takes account of adaptations and augmentations to basic space treaties. It examines the increasing commercialisation of space in areas such as space tourism and space mining, for which four states have already adopted relevant legislation. The impact of new technologies such as satellite constellations and micro-satellites are also scrutinised. At a time when space tourism is available to those who can afford it and when the moon will shortly be revisited with a prospect of permanent bases, this third edition provides a firm base for the next generation of space lawyers. As with previous editions, the work draws from governmental, international organisational and other authoritative sources as well as the relevant literature in the field. The book will be an essential and comprehensive resource for students, academics and researchers as well as space agencies, governments and space-active companies. It will also be of value to technical operatives and managers who need to know the legal context within which they work.

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Book SynopsisConstitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.Table of ContentsIntroduction; 1. The constitutional establishment of the gender order; 2. Inclusive constitutionalism and its limits; 3. Participatory constitutionalism; 4. Transformative gender constitutionalism; 5. Toward a constitutional gender erasure or a constitutional gender reaffirmation?

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Book SynopsisWhile conventional wisdom dictates that people's trust â in the government, in corporations, in each other - is at a historic low, the rise of the Internet is offering new ways to rehabilitate and strengthen trust. Uber is probably the best example of a new company that, on the surface, allows individuals with smartphones to get rides with strangers, but at a deeper level is in the business of trust. In The Trust Revolution, M. Todd Henderson and Salen Churi trace the history of innovation and trust, linking companies such as Uber with medieval guilds, early corporations, self-regulatory organizations, and New-Deal era administrative agencies. This book should be read by anyone who wants to understand how trust - and its means of creation - has the potential not only to expand opportunities for human cooperation, but also to reduce the size and scope of government and corporate control over our lives.Trade Review'How are technologies reshaping trust? How is Uber a model for how new markets will 'eat the world'? The Trust Revolution is the best book I've read on the trust and tech revolution that is reshaping America.' Tyler Cowen, George Mason University and author of The Complacent Class'A true masterpiece - this book whacks you in the face to show that every transaction you can imagine involves an element of trust. Trust me, you won't put it down.' John List, University of Chicago and author of The Why Axis'Henderson and Churi show how the evolution of trust has been integral to human civilization and how, as trust undergoes a revolution, it is rewriting the rules for everything from government and finance to healthcare, entertainment, and transportation. Required reading for anybody trying to understand the next few decades.' Joe Lonsdale, Founding Partner, 8VC'A lively and engaging book on one of the most important topics in the world today. Highly recommended!' Cass R. Sunstein, author of How Change HappensTable of ContentsIntroduction: riding with strangers; Part I: 1. The collapse of trust; 2. Hiding in plain sight; 3. Trust and human flourishing; 4. Typology of trust: government trust; 5. The genealogy of trust; 6. The market for trust; Part II: 7. Private trust and the regulation of stock brokers; 8. Providing trust in the ridesharing market; Part III: 9. Hacking trust; 10. Sketching on a blank slate; 11. Concluding thoughts.

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Book SynopsisWomen migrants are doubly-disadvantaged by their sex and outsider status when moving to a new country. Highly skilled women are no exception to this rule. This book explores the complex relationship between gender and high-skill migration, with a special focus on the impact of the current economic crisis on highly skilled women-migrants in Europe.Trade Review" [...] this volume's incisive and wide-ranging analysis suggests that the implications for skilled migrants are far from positive, with widespread deskilling, especially among women. Isaakyan and Triandafyllidou have, for the first time, brought together a brilliant set of case studies from across Europe in a range of sectors to argue that the the gendered outcomes of the crisis for highly skilled migrants has been far from gender-neutral. This is a wonderful contribution to both the literature on the crisis and on skilled migration." - Parvati Raghuram, The Open University, UK "There is a lot of noise but not much research on high skill migration in Europe. Triandafyllidou and Isaakyan's edited book fills the void, providing first-hand data and adding an original interpretative angle to the general picture. With an admirable variety of sources and methods, the authors outline how the looming Euro-crisis further exacerbates gender-based differences in migration trajectories. As public debate on the effects of intra-EU mobility abounds, this volume is a healthy antidote to the all-too common, over-simplified contrast between low-skill and high-skill migrants." - Ettore Recchi, Sciences Po, France "Ever wondered who are these 'best and brightest' that countries try to attract with their policies on high skill migration? Ever wondered what the crisis did to these policies? This book shows the gender bias involved, and the indirect but powerful impact of the crisis on high skill female migrants, leaving female migrants mostly underpaid and overqualified. A brilliant contribution to migration, recession and gender scholarship!" - Mieke Verloo, Radboud University Nijmegen, the NetherlandsTable of ContentsPART I: FEMALE HIGH SKILL MIGRATION: CONCEPTS AND DYNAMICS 1. Introduction. Female High Skill Migration in the 21st Century: The Challenge of the Recession; Irina Isaakyan; Anna Triandafyllidou 2. European Policies to Attract Talent: The Crisis and Highly Skilled Migration Policy Changes; Lucie Cerna; Mathias Czaika 3. Female High Skilled Emigration from Southern Europe and Ireland After the Crisis; Anna Triandafyllidou; Carmen Gonzalez-Enriquez 4. Crisis and Beyond: Intra-EU Mobility of Polish and Spanish Migrants in a Comparative Perspective; Pawel Kaczmarczyk; Mikolaj Stanek PART II: FEMALE HIGH SKILL MIGRATION: A SECTOR-SPECIFIC APPROACH 5. Migration of Nurses and Doctors in the European Union and the European Free Trade Association; Gilles Dussault; James Buchan; Isabel Craveiro 6. Migration of Engineers and the Gender Dimension; Matthew Dixon 7. Southern European Highly Skilled Female Migrants in Male-Dominated Sectors in Times of Crisis: A Look into the IT and Engineering Sectors; Ruby Gropa; Laura Bartolini 8. International Students Mobility, Gender Dimension and Crisis; Marta Moskal 9. Exploring the Intersecting Impact of Gender and Citizenship on Spatial and Academic Career Mobility; Kyoko Shinozaki PART III: PROBLEMS AND SOLUTIONS: TOWARDS A NEW UNDERSTANDING OF THE FEMALE HIGH-SKILL MIGRANT IN EUROPE 10. The Problem Of Skill Waste Among Highly Skilled Migrant Women In The UK Care Sector; Sondra Cuban 11. American Women in Southern Europe: A New Source of High Skill Workforce for the Eurocrisis Zone; Irina Isaakyan 12. Re-Thinking the Gender Dimension of High Skill Migration; Anna Triandafyllidou; Irina Isaakyan

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Book SynopsisLaw and Administration takes a contextual approach to administrative law, setting law and legal rules in the context of the social, political and economic forces that shape the law, and of the complex constitutional framework in which contemporary administrative law operates. This book contains a full account of judicial review, the traditional heartland of administrative law, and adds to this by taking into account the concerns of government, officials and agencies who operate and shape the law. It also looks at the possible future of administrative law in an increasingly automated and digitalised world. A fully revised and updated new edition, this book includes new case studies of regulatory agencies and government contracting to develop understanding of law in practice.Trade Review'From its first edition in 1984, this book has deliberately provoked lawyers to venture beyond their doctrinal bubbles: it truly is the leading work on law and administration. Its coverage of legal doctrine is vast, its sense of where the law has come from and where it is heading has always been unerring, and above all, its research into the effects of administration upon law (and vice versa) is dazzling. This new edition has been radically rewritten, including (for example) new material on the UK post-Brexit, governing in a pandemic, and computerised decision-making and rule-making in the era of artificial intelligence.' Mark Aronson, Emeritus Professor in the Faculty of Law and Justice, University of New South WalesTable of Contents1. The State and Administrative Law; 2. Changing the Mindset; 3. State of Change; 4. Transforming Judicial Review; 5. Making the Law; 6. Discretion and Rules; 7. The Information State; 8. A Regulatory Laboratory; 9. Regulatory Look: Agency Development and Accountability; 10. Contractual Revolution; 11. Contract, Contract, Contract; 12. 'Golden Handshakes': Liability and Compensation; 13. Growing a Complaints Service; 14. Tribunals and Administrative Justice; 15. The Public Inquiry: Investigation and Accountability; 16. Procedural Review in Question; 17. Testing Ground: Legality, Process and Substance; 18. Judicial Review Litigation: Equalities Focus; 19. Judicial Review Process and Impact.

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Book SynopsisThis major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.Trade ReviewA voyage of a discovery … any practitioner or scholar working within any subfield of public law will likely find something of direct interest among the book’s contents. -- Joanna Bell * Oxford Journal of Legal Studies *Table of Contents1. Introduction: The Frontiers of Public Law Jason NE Varuhas and Shona Wilson Stark PART 1 PUBLIC LAW AND INTERNATIONAL LAW 2. Global Constitutionalism: Myth and Reality Cheryl Saunders 3. Frontiers of Global Administrative Law in the 2020s Benedict Kingsbury 4. National Security Policy-making in the Shadow of International Law: The Case of the PPG Laura A Dickinson 5. Public Law in the UK after Brexit Jack Beatson and Emma Foubister PART 2 PUBLIC LAW AND INDIGENOUS PEOPLES 6. Indigenous Rights, Judges and Judicial Review in New Zealand Matthew SR Palmer 7. Coming to Terms with Communal, Land-related Decision-making by Aboriginal and/or Torres Strait Islander Peoples in a Public Law Context Debbie Mortimer 8. Representing Jurisdiction: Decolonising Administrative Law in a Multijural State Mary Liston 9. From the Heart: The Indigenous Challenge to Australian Public Law Kirsty Gover 10. Public Law, Legitimacy and Indigenous Aspirations Harry Hobbs 11. Places as Persons: Creating a New Framework for Maori-Crown Relations Andrew Geddis and Jacinta Ruru PART 3 PUBLIC LAW, CRIMINAL LAW AND PRIVATE LAW 12. Changing Boundaries: Crime, Punishment and Public Law David Feldman 13. Discretionary Power and Consistency: Is the Sentencing Discretion Different? Chris Maxwell 14. Public and Private Law: A Redundant Divide Carol Harlow 15. The ‘Contracting State’ and the Public/Private Divide ACL Davies 16. Public and Private Boundaries of Administrative Law Margaret Allars PART 4 PUBLIC LAW AND PUBLIC ADMINISTRATION 17. The Nature and Bounds of Executive Power: Keeping Pace with Change KM Hayne 18. Peering into the Black Box of Executive Power: Cabinet Manuals, Secrecy and the Identification of Convention Anne Twomey 19. Fomenting Authoritarianism Th rough Rules About Rulemaking Kathryn E Kovacs 20. Non-fettering, Legitimate Expectations and Consistency of Policy: Separate Compartments or Single Principle? Shona Wilson Stark 21. The In-between Space of Administrative Justice: Reconciling Norms at the Front Lines of Social Assistance Agencies Jennifer Raso 22. A ‘Culture of Justification’? Police Interpretation and Application of the Human Rights Act 1998 Richard Martin

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Book Synopsis'[The] scholarship is consistently thorough and lucid, and absolutely reliable' European Public Law As reviews of the first edition attest, this book gives a unique critical and contextual insight into the Constitution of one the world’s most powerful countries. Its first edition was published in 2011, when Dmitrii Medvedev was Russia’s President. Since then there was a regime change in 2012 as Vladimir Putin returned to the presidency, and, significantly, dramatic shifts in constitutionality as Russia pursues a ‘return to traditional values’. The book explores the Constitution’s evolution over its nearly 30 years’ existence, including the significant amendments of 2020. This second edition situates these important changes in the context of Russia’s historical and legal development, as Putin continues to dominate the political scene. It also looks at broader constitutional questions on the interrelation between the main State agencies, the role of the courts, human rights and their enforcement.Trade ReviewThere is no better introduction to the constitutional infrastructure in Russia available in the English language than that produced by Henderson. -- William E Butler * The Journal of Comparative Law *Table of ContentsTable of Legislation Table of Conventions, Treaties etc Documents from the Communist Party of the Soviet Union 1. Introduction I. Whose Constitutionality? II. Overview of Russia III. The Cultural Approach to Law IV. Conclusion 2. Historical Background to the 1993 Constitution I. Introduction II. Before the Empire III. The Tsar as Emperor IV. End of Empire and Establishing Soviet Power V. Perestroika: A Time of Change VI. The USSR Disintegrates VII. Russian Developments VIII. Conclusion 3. Genesis and Overview of the 1993 Constitution of the Russian Federation: The Constitution’s Creation and General Schema I. Introduction II. The Genesis of the 1993 Constitution III. Overview of the Contents of the Constitution IV. Conclusion 4. The President I. Introduction II. The First Russian Presidency III. The Presidency under the 1993 Constitution IV. Presidential Powers V. Accountability VI. Conclusion 5. The Legislature: Legislation But Ineffective Representation? I. Introduction II. Establishing a Multi-party Legislature III. Law-Making by the Federal Assembly IV. The Federal Assembly’s Other Powers V. Reform Proposals VI. Conclusion 6. The Government and Other Agencies I. Introduction II. Establishing the Government III. Government Accountability IV. Regional Government V. Institutions Supporting Governance VI. Conclusion 7. Courts and Judges I. Introduction II. Russia’s Courts III. Judicial Independence IV. Conclusion 8. The Treatment of Rights I. Introduction II. Establishing Human Rights III. Russians’ Rights IV. Rights Enforcement V. Conclusion 9. Conclusion

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Book SynopsisThe new edition of this acclaimed text provides a rigorous, high-level analysis of the constitutional law of the European Union. Its broad scope includes the institutional structure of the EU, its legal instruments, the main substantive principles underlying EU Law and the role of EU law in the domestic law of Member states. Incorporating detailed references and analysis of case law and literature, it combines useful content for students with detailed treatment of more complex legal issues arising in practice and in academic debate. * New edition of a high level academic text renowned for itsauthority and clear discussion of complex principles * Revised and updated to incorporate all recent developments in EU law, including the EU Constitution * Easy to consult on complex issues - includes wide cross-referencing, new tables and diagrams, and a detailed index.Table of ContentsPt 1: The European Union # Emergence of New Paths Towards Integration; The Community Integration Path; The Non-Community Integration Path; Bringing Together the Paths pf Integration into One EuropeanUnion; Towards a #Constitution for Europe#; Pt 2: Jurisdiction of the European Union; Substantive Scope of the Community Treaties; Substantive Scope of Titles V and VI of the EU Treaty; Temporal Scope of the Treaties; Territorial Scope of the Treaties; Exceptions to the Application of the Treaties; Pt 3: The Actors of the European Union; The Institutions and Bodies of the Union; The Member States of the Union; The Citizens of the Union; The Relationship Between the Actors; Pt 4: The Decision-Making Process Within the European Union; Community Decision-Making; Non-Community Decision-Making; Legitimacy of Decision-Making; Pt 5: Sources of Law of the European Union; Community Law; Non-Community Acts of the Union; Pt 6: The European Union in International Legal Transactions; The Position in International Law of the Communities and the Union; The External Powers of the Communities and the Union; The Community and Non-Community Procedures for Concluding Agreements; Consistency Between the Common Foreign and Security Policy and Community Action on the Part of the Union; Relations Between the European Union and the Other European States

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Book SynopsisThis book provides a detailed look at the constitutional, historical, and political arguments concerning presidential immunity from prosecution, as well as the opinions of the Office of Legal Counsel that provided the justification for the decision not to prosecute President Trump. Focusing on those opinions, the book examines the constitutional basis of presidential immunity, both textual and historical, as reflected in the deliberations of the 1787 Convention and the ratification debates. The opinions are viewed in the context of the criminal investigations of Presidents Nixon and Clinton that gave rise to those opinions, as well as the pronouncements of the Supreme Court concerning their claims, and those of President Trump to immunity from judicial inquiry. Lastly, the book analyzes presidential immunity in light of the separation of powers, the availability of impeachment, and the discordance between presidential immunity and the rule of law.Table of Contents​Part IChapter 1: The Founding Era Chapter 2: The Nixon Era and the 1973 Office of Legal Counsel Memorandum Chapter 3: The Clinton Era Chapter 4: The Senate Judiciary Committee Hearing on Presidential Immunity Chapter 5: The Second Memorandum of the Office of Legal Counsel Chapter 6: Donald J. Trump V. Cyrus R. Vance Part II Chapter 7: The Separation of Powers Chapter 8: Impeachment: Sequentiality Chapter 9: Impeachment: Criminality Chapter 10: The Rule of Law

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Book SynopsisTrade Review[A] new one-of-a-kind book on the Supreme Court." * SCOTUSblog *Linda Greenhouse has long been one of the most astute observers of the U.S. Supreme Court and most trusted translators of its mysteries and traditions. This elegant and concise guide is invaluable for beginners and veteran court watchers alike. An ideal introduction to the Court for students and citizens of all ages. * Jeffrey Rosen, professor of law, George Washington University, and legal affairs editor, The New Republic *There is hardly anyone in the country, outside the Court, who knows the institution and its practices as well as Linda Greenhouse does. * Melvin I. Urofsky, author of Louis D. Brandeis: A Life *Greenhouse cogently illustrates the history, functions, composition and importance of the Supreme Court. In a slim volume that you can literally carry around in your pocket, you will find a wealth of knowledge." * Yale Daily News *[A]n amuse-bouche of a book . . . short, but pithy. After finishing this book, readers should be inspired to take up [Greenhouse's] implicit invitation to read about the Court and its impact on shaping American law in a more substantial, meatier format. * Judicature *For those interested in how cases come to be heard by the Court, the process leading to a decision and the Court's relationship with the other branches of the federal government and the public, this is an excellent way to begin. * Washington Independent Review of Books *Table of ContentsList of Illustrations Acknowledgments Chapter One: Origins Chapter Two: The Court at Work (1) Chapter Three: The Justices Chapter Four: The Chief Justice Chapter Five: The Court at Work (2) Chapter Six: The Court and the Other Branches Chapter Seven: The Court and the Public Chapter Eight: The Court and the World Appendix 1: Article III, U.S. Constitution Appendix 2: The Supreme Court's Rules (excerpts) Appendix 3: Chart of the Justices References Further Reading Websites Index

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Book SynopsisWith new chapters covering the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and Data Governance, this third edition of The Evolution of EU Law is a must read for any student or academic of EU law.Trade ReviewThis book has been a must and a classic in EU law scholarship since the first edition 1999. This third edition is not only updated to the latest developments in written law and jurisprudence, it includes new chapters on the Rule of Law, Judicial Reform, Brexit, Constitutional and Legal Theory, Refugee and Asylum law, and the Evolution of Data Law – including Artificial Intelligence. With 27 contributors from different European countries the book gives not only constant food for thought, it offers a very comprehensive knowledge base on institutional and substantive law as well as legal theory issues. A tour de force of breadth, depth and expertise. * Jacques Ziller, Professor of EU law, Universities of Pavia, Italy, and Paris-1 Panthéon-Sorbonne, France *This book is a logical – and almost necessary – "further reading" for anybody educated in EU law by Paul Craig and Gráinne De Búrca's widely-used textbook. Seasoned practitioners and academics should read it as well, however, as it provides an authoritative guide to the discipline, which has evolved dramatically since the previous edition was published. All crises and challenges to the EU and its legal order are covered, together with more traditional topics concerning the key areas of EU law. Written by a balanced mix of theory- and practice-oriented scholars, of both the younger and older generation, this book will continue to be a standard reference point for anybody who wants to understand EU law. * Jan Komárek, Professor of EU law, University of Copenhagen, Denmark *This important collection of essays on the continuing 'evolution' of EU law reaches us at a time of intensive reflection on the European Union. The ambition of the book reflects both the extraordinary span of EU legal development over the past decade and the challenging wider context within which it has happened, imprinted with the urgency produced by recurring instances of crisis. Each contribution provides, on its own, rich coverage of and insights into specific sectors or themes. Cohering all of these perspectives within one resource is the editors' impressive achievement. * Niamh Nic Shuibhne, Professor of European Union Law, School of Law, University of Edinburgh, UK *This long-awaited third edition comes at a critical time for the European Union and EU law scholarship: never has a historical and evolutionary perspective been more important in explaining the origins and purposes of the Union as well as where the Union is and ought to be going. The "Evolution of EU Law" here offers an invaluable compass that masterfully guides its readers through the deep and often tumultuous waters of the Union's constitutional and substantive law. * Robert Schütze, Professor of European and Comparative Law, Durham University, UK and Luiss, Rome, Italy *Review from previous edition This is a serious, comprehensive exploration of the understanding of EU law as it has developed. * Edward Kirke, Liverpool John Moores University *This volume, like many books of its kind, poses more questions than it has answers for, but the answers it suggests are crucial, seminal and riveting to anyone interested in why a nation or a corporate body has a constitution. ... the editors have done a masterly job in weaving together crucial research and opinion on such issues as comitology, delegated agencies, tertiary structures in general and the enumeration and control of them. The heavy intellectualism of this book should not obscure the luminosity of its arguments, which, after all, remain easy to understand. * Michael L Nash, Contemporary Review, December 1999 Page 322 *...an excellent collection of strong and thought-provoking contributions...an extremely accessible account of the story of EU law. * T.K. Hervey, University of Nottingham, European Public Law *Table of Contents1: Paul Craig and Gráinne de Búrca: Introduction 2: Paul Craig: Integration, Democracy and Legitimacy 3: Paul Craig: Institutions, Power and Institutional Balance 4: Neil Walker: Legal and Constitutional Theory of the European Union 5: Edoardo Chiti: The Agencification Process and the Evolution of the EU Administrative System 6: Kieran Bradley: Judicial Reform and the European Court: Not a Numbers Game 7: Bruno de Witte: Direct Effect, Primacy and the Nature of the Legal Order 8: Catherine Donnelly: Preliminary Rulings and EU Legal Integration: Evolution and Continuity 9: Francesca Episcopo: The Vicissitudes of Life at the Coalface: Remedies and Procedures for Enforcing Union Law before the National Courts 10: Laurent Pech: The Rule of Law 11: Joana Mendes and Edoardo Chiti: The Evolution of EU Administrative Law 12: Deirdre Curtin: From a Europe of Bits and Pieces to a Union of Variegated Differentiation 13: Kenneth Armstrong: (Br)Exit from the EU-Control, Autonomy and the Evolution of EU Law 14: Marise Cremona: External Relations of the European Union: The Constitutional Framework for International Action 15: Gráinne de Búrca: The Evolution of EU Human Rights Law 16: Siofra O'Leary and Sara Iglesias Sánchez: Free Movement of Persons, Establishment and Services 17: Stefan Enchelmaier: Free Movement of Goods: Evolution and Intelligent Design in the Foundations of the European Union 18: Jukka Snell: Free Movement of Capital: Evolution as a Non-Linear Process 19: Jo Shaw: Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism 20: Mark Bell: EU Anti-Discrimination Law: Navigating Sameness and Difference 21: Catherine Barnard: EU 'Social' Policy: From Employment Law to Labour Market Reform 22: Alicia Hinarejos: Economic and Monetary Union: Evolution and Conflict 23: Steve Peers: EU Criminal Law and Police Cooperation 24: Eva Storskrubb: Civil Justice Extending its Tentacles 25: Lilian Tsourdi and Cathryn Costello: The Evolution of EU Law on Refugees and Asylum 26: Imelda Maher: Competition Law: Convergence through Law and Networks 27: Liz Fisher: EU Environmental Law and Legal Imagination 28: Stephen Weatherill: Consumer Policy 29: Thomas Streinz: The Evolution of European Data Law

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Book SynopsisPublic law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance?The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general.Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domaTrade ReviewThis explorative volume brings together scholars to map the domain of public law and, despite its epigrammatic title, it is a towering intellectual contribution to the dynamism of public law. * P. Sean Morris, Political Studies Review *A useful, reflective contribution to a subject whose importance goes well beyond academia. * Commonwealth Lawyer *Table of Contents1: Cormac Mac Amhlaigh, Claudio Michelon, and Neil Walker: Introduction Part One: The Nature of Public and Private Law 2: Martin Loughlin: The Nature of Public Law 3: Chris Thornhill: Public Law and the Emergence of the Political 4: William Lucy: Private and Public: Some Banalities About a Platitude 5: Claudio Michelon: The Public, the Private, and the Law Part Two: The Domain, Values, and Functions of Public Law 6: Cormac Mac Amhlaigh: Defending the Domain of Public Law 7: Richard Bellamy: Public Law and Democracy: The Case of Constitutional Rights 8: Stephen Tierney: The Nation as 'The Public': The Resilient Functionalism of Public Law 9: Hector MacQueen: Public Law, Private Law, and National Identity Part Three: The Evolution of Public Law? 10: Inger-Johanne Sand: Globalization and the Transcendence of the Public/Private Divide - What is Public Law under Conditions of Globalization? 11: Oliver Gerstenberg: (The Failure of) Public law and the Deliberative Turn 12: Neil Walker: The Postnational Horizon of Constitutionalism and Public Law: Paradigm Extension or Paradigm Exhaustion? 13: Megan Donaldson and Benedict Kingsbury: The Global Governance of Public Law 14: Gianluigi Palombella: The (re)Constitution of the Public

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Book SynopsisConfronts the everyday politics of surveillance by exploring the worlds and words of those who know it best - the watched. The book focuses on the conversations of low-income mothers from Appalachian Ohio as they talk about the welfare bureaucracy and its remarkably advanced surveillance system.

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Book SynopsisThis is a history of the privilege in law against self-incrimination, demonstrating that what is sometimes considered an unchanging tenet of the legal system has actually encompassed many different legal consequences. The book seeks to uncover what the privilege meant in practice.Table of ContentsPreface Abbreviations 1: Introduction R. H. Helmholz 2: The Privilege and the Ius Commune: The Middle Ages to the Seventeenth Century R. H. Helmholz 3: Self-Incrimination in Interjurisdictional Law: The Sixteenth and Seventeenth Centuries Charles M. Gray 4: The Privilege and Common Law Criminal Procedure: The Sixteenth to the Eighteenth Centuries John H. Langbein 5: The Privilege in British North America: The Colonial Period to the Fifth Amendment Eben Moglen 6: The Modern Privilege: Its Nineteenth-Century Origins Henry E. Smith 7: A Peculiar Privilege in Historical Perspective Albert W. Alschuler Notes Table of Statutes Index

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Book SynopsisIn this work, Andrew Koppelman shows the powerful legal and moral case for gay equality, but argues that the courts cannot and should not impose it. The author places his case in a broad moral and social context, offering original, pragmatic and workable legal solutions.Trade Review"The Gay Rights Question challenges American law to treat gay people the same as heterosexuals - and does so straight out of existing constitutional doctrine. Koppelman's arguments cannot be ignored by any official or person who must consider gay rights claims." - William N. Eskridge Jr., Yale Law School

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Book SynopsisDuring the last three decades of the 20th century nations all over the world have been debating whether to allow same-sex couples to marry, or at least grant them the rights associated with marriage. This work presents a comparative study and survey of the status of same-sex couples in Europe.Trade Review"Equality for Same-Sex Couples is well researched and argued. Merin grapples with a legal issue that is being raised more and more frequently in jurisdictions around the world. This book will meet a growing demand among lawyers and policy makers for more information and analysis relating to same-sex partnerships." - Robert Wintemute, editor of Legal Recognition of Same-Sex Partnerships

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Book SynopsisThis popular casebook has a unique approach to focusing on real problems and real administrative practice. The latest Supreme Court cases and the hottest issues are discussed. The new edition retains its distinctive characteristics of using problems as the primary pedagogical tool, including problems that do not involve courts; raising the ethical issues peculiar to government lawyers; and orienting the course around administrative law practice, rather than theory. While theory is not ignored, it arises out of the crucible of reality-based problems, providing a basis for students to appreciate the theory.

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Book SynopsisThis book offers a new theory of federalism. The work critically discusses traditional federal theories and builds on theories that focus on the dynamics of federalism. It offers a definition of federalism and federal organizations that encompasses both new and old types of multi-tiered system. Unlike traditional federal theory, it is well-suited to research both multinational and mononational systems. It also takes into account the complexity of these systems, with bodies of governance at the local, regional, national, and supranational level. The book is divided into three parts: the first part outlines the contours of dynamic federalism, based on a critical overview of traditional federal theory; the second part develops comprehensive indexes to measure autonomy and cohesion of multi-tiered systems; and the third part focuses on the dynamics of federal organizations, with a special focus on institutional hubs for change. Dynamic FederaliTrade Review"Popelier aims at laying the foundations for a new, dynamic theory of federalism, overcoming some key weaknesses of traditional federal theory, and testing such theory on a series of conditions: universality, specificity, and flexibility… the author’s endeavors in trying to overcome the theoretical weaknesses of traditional federal scholarship, doing so from a legal perspective, is certainly fascinating… the book also offers a peculiar opportunity for comparative constitutional law scholarship to reflect on the importance of method and the definition of concepts to advance research." Lidia Bonifati, Diritti Comparati, 27 May 2021 "Dynamic Federalism is one of the rare books that attempt to develop a holistic theory. One that not only describes but also explains and predicts how federal structures come about, remain in place, contribute to stability or fuel fragmentation, and eventually dissolve. Written by a constitutional lawyer and drawing on the Belgian case to measure its various dimensions and indicators, there is much to be learned from several of the book’s core postulates both in the theoretical and in the empirical realms." Sean Mueller (2021): Dynamic federalism: a new theory for cohesion and regional autonomy, Regional & Federal Studies, DOI: 10.1080/13597566.2021.1939691 `…the book is not only greatly informative, but thought-provoking and inspiring. It offers illuminating paths into the worlds of federalism—not all of them yet unknown, but superbly nuanced and analyzed.’ Anna Gamper University of Innsbruck, Austria; doi:10.1093/publius/pjab034 Table of ContentsIntroduction Part I. Theoretical framework Chapter 1. What is federalism? In search of building blocks for a new federal theory Chapter 2. Dynamic Federalism: ‘Federalism as a Process’ Revisited Part II. Measuring Cohesion and Autonomy Chapter 3. Preliminary notes on the indicators: representation, and the Belgian case study Chapter 4. Status Chapter 5. Powers Chapter 6. Fiscal arrangements Part III. Measuring change Chapter 7. Contours for a theory of change Chapter 8. Institutional hubs for change Conclusion: Findings and way forward Appendix: Showcase – Belgium

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Book SynopsisThis book is comprehensive in its coverage of the essential principles of education law. It presents students with a valuable collection of relevant legislation, cases, materials and commentary. The work examines the law relating to schools as well as aspects of further and higher education. In addition Education Law considers a range of issues including an introduction to the growth and scope of education law, and the impact of the Human Rights Act 1998 on this areaof law.Table of Contents1. Introduction ; 2. Organisation of education (nursery, primary, secondary, further and higher) ; 3. School admissions ; 4. School discipline and exclusions ; 5. Special education needs ; 6. The school curriculum ; 7. The quality of educational provision ; 8. Complaints procedures ; Index

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Book Synopsis'Garner's Administrative Law' provides a comprehensive account of the basic principles of administrative law, and explains these principles with clarity and authority. The book also contains much material on the institutions and processes of central and local government, delegated legislation, tribunals and inquiries and the various Ombudsmen.Table of ContentsPART I. ; PART II. ; PART III. ; PART IV.

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Book SynopsisThe American Constitution has a dual nature. The first aspect is the degree to which it acts as a binding set of rules that can be neutrally interpreted and enforced by the courts. But according to Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy.Trade ReviewMr. Whittington sees the Constitution not as an immutable legal document but as something more fluid and more mysterious, a powerful and authoritative force which constantly influences political outcomes while itself being subject to politics. Battles over constitutional construction are of course political battles...[and] Mr. Whittington has interesting things to say about the way these conflicts play out. -- Peter A. Jay * Washington Times *Constitutional Construction offers renewed vigor to a tired field and should provoke some fresh thinking by constitutional scholars. -- Jeremy Rabkin * Weekly Standard *This book is an important addition to modern constitutional theory. Whittington brings to life an old but not well understood idea--that constitutional development is the product of judicial interpretation and binding rules and of political practice. -- J. B. Grossman * Choice *Constitutional Construction is a fine example of institutional analysis...displays a fine feel for political nuance and sensitivity to institutional subtlety...shows that is possible to do exceptional political analysis without it becoming legalistic scholarship...[and is] exceptionally well written...Whittington's book demonstrates that political science profits handsomely from history. Political science without history isn't very good political science. And history without political science often amounts to little more than storytelling. The quality of this book's history is every bit as good as the quality of its political science. -- Craig Ducat * Law and Politics Book Review *This is a superb, pathbreaking book that demonstrates the dual nature of constitutional change. Through a subtle analysis of congressional-presidential politics, Whittington convincingly argues that the process by which constitutional meaning is defined is not solely the purview of the Supreme Court and lesser courts. He shows that the Constitution gains meaning as a result of the politics of construction engaged in by political actors seeking political and policy objectives...[Constitutional Construction] is must reading for a wide range of scholars of American institutions and political development, law and courts, history, and American political thought. -- Ronald Kahn * American Political Science Review *A major theoretical contribution to the perennial debate on the...fundamental, recurrent questions in American constitutional law. -- James E. Bond * Humane Studies Review *Whittington's book is among the most important recently published about constitutional theory and history. -- Mark Tushnet * Journal of Interdisciplinary History *Constitutional Construction provides a needed corrective to the works of constitutional theorists who focus solely on jurisprudential issues...Whittington concludes that scholars need to look beyond the courts and recognize the multifaceted nature of the Constitution. -- Michael Ross * Journal of Southern History *Table of ContentsPreface 1. The Political Constitution 2. The Chase Impeachment and Shaping the Federal Judiciary 3. The Nullification Crisis and the Limits of National Power 4. Andrew Johnson and Executive Construction 5. Richard Nixon and the Leadership of the Modern State 6. Building the American Constitution Notes Index

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Book Synopsis

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Book Synopsis

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Book SynopsisTwenty-first-century constitutions now typically include a new ''fourth branch'' of government, a group of institutions charged with protecting constitutional democracy, including electoral management bodies, anticorruption agencies, and ombuds offices. This book offers the first general theory of the fourth branch; in a world where governance is exercised through political parties, we cannot be confident that the traditional three branches are enough to preserve constitutional democracy. The fourth branch institutions can, by concentrating within themselves distinctive forms of expertise, deploy that expertise more effectively than the traditional branches are capable of doing. However, several case studies of anticorruption efforts, electoral management bodies, and audit bureaus show that the fourth branch institutions do not always succeed in protecting constitutional democracy, and indeed sometimes undermine it. The book concludes with some cautionary notes about placing too much hTrade Review'In an age when integrity and democracy are under unprecedented pressure, Mark Tushnet's description of emerging constitutional 'best practice' worldwide – systematic, realistic, and unemotional – helps to launch a new debate on whether, and how, the civic virtues that underpin good governance might be better institutionalized for all.' A. J. Brown, Professor of Public Policy & Law, Griffith University; Board Member, Transparency International'For a discipline that has inexplicably remained focused on the role of apex courts for much of its existence, comparative constitutional studies should welcome Mark Tushnet's new book on the fourth branch as a sorely necessary intervention in the field. Mark captures the intuition that there is something distinctive about this new category of constitutional actors, increasingly popular with constitution makers, with characteristic insight and scholarly rigour. His characterization of the fourth branch as comprising 'institutions to protect constitutional democracy' will no doubt encourage other theoretical attempts to find an appropriate conceptual substitute for the numerical placeholder for this branch. This book is an essential read for anyone interested in understanding constitutions, their functions, and their limits.' Tarunabh Khaitan, Professor of Public Law and Legal Theory & Hackney Fellow in Law, Wadham College, University of Oxford'In this already indispensable work on the theory and practice of designing innovative government structures to protect constitutional democracy, Tushnet brilliantly and carefully appraises existing 'fourth branch' institutions. A scholarly provocation favoring decentralized structures and remedies with more face-to-face interactions, the book demands reading by all serious scholars of constitutional government.' Vicki C. Jackson, Laurence H. Tribe Professor of Constitutional Law, Harvard Law SchoolTable of Contents1. Introduction; 2. Why a fourth branch – the structural logic; 3. Why a fourth branch – the functional logic; 4. Design issues in general; 5. Design principles in practice – a survey; 6. Anticorruption investigations – case studies from Brazil and South Africa; 7. Electoral commissions – case studies from India, the United States, and South Korea; 8. Audit agencies; 9. Conclusion.

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