Constitutional and administrative law: general Books

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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 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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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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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 SynopsisHanna Wilberg is Associate Professor of Law at the University of Auckland, New Zealand.

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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 SynopsisIn the second part of this two-volume study, Ian Loveland delves deeply into the immediate historical and political context of the Trethowan litigation which began in New South Wales in 1930 and reached the Privy Council two years later. The litigation centred on the efforts of a conservatively-inclined government to prevent a future Labour administration led by the then radical politician Jack Lang abolishing the upper house of the State’s legislature by entrenching the existence of the upper house through the legal device of requiring that its abolition be approved by a state-wide referendum. The book carefully examines the immediate political and legal routes of the entrenchment device fashioned by the State’s Premier Sir Thomas Bavin and his former law student, colleague and then Dean of the Sydney University law school Sir John Peden, and places the doctrinal arguments advanced in subsequent litigation in the State courts, before the High Court and finally in the Privy Council in the multiple contexts of the personal and policy based disputes which pervaded both the State and national political arenas. In its final chapter, the book draws on insights provided by the detailed study of McCawley (in volume one) and Trethowan to revisit and re-evaluate the respective positions adopted by William Wade and Ivor Jennings as to the capacity of the United Kingdom’s Parliament to introduce entrenching legislation which would be upheld by the courts.Table of ContentsSummary of Contents 1. The Immediate Political Roots of the Trethowan Controversy 2. The Immediate Legal Roots of the Trethowan Controversy 3. Trethowan in the New South Wales Courts 4. Trethowan before the High Court 5. Trethowan before the Privy Council 6. Aftermaths 7. Still not Abolishing the New South Wales Legislative Council 8. Uses – and Abuses – of the Trethowan Principle

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Book SynopsisThe Government''s use of algorithmic-based decision-making is rapidly expanding across policy areas, including immigration, social security, regulation, security and policing. This book provides the first comprehensive analysis of how public law applies to the use of artificial intelligence and automation in the public sector in England and Wales. Starting with an accessible account of the nature of AI and automated systems being increasingly deployed in the public sector, the book covers the various legal regimes which regulate their use. It considers how the principles of judicial review might be deployed to challenge automated decision-making by public authorities. It also explains how equality law, human rights law, procurement law, data protection law and private law apply to government use of AI and automation. This book is a vital guide for practitioners in both private practice and government, and for anyone navigating this quickly changing, complex and uncertain environment.

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Book SynopsisMichael Zander KC is Emeritus Professor at the London School of Economics and Political Science, UK. For 25 years he was also Legal Correspondent at The Guardian.

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

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Book SynopsisJonathan Herring is a Professor of Law at Exeter College, Oxford.

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

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

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

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

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Book 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 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 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 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 SynopsisA work of constitutional theory that explores the nature of American constitutional interpretation through a reconsideration of the long-standing debate between the interpretive theories of originalism and nonoriginalism. It presents a new understanding of constitutional interpretation and an innovative account of the democratic legitimacy and binding capacity of the Constitution.Trade Review"Quite illuminating" Keith E. Whittington, Drake UniversityTable of ContentsPreface; Introduction; 1. The politics of originalism; 2. The concept of a living constitution; 3. Interpretivism and originalism; 4. The paradox of originalism; 5. The problem of objectivity; 6. The epistemology of constitutional discourse (I); 7. The epistemology of constitutional discourse (II); 8. The ontology of constitutional discourse (I); 9. The ontology of constitutional discourse (II); 10. Conclusion: the political character of constitutional discourse; Index.

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

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

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

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Book 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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Book SynopsisThis book fundamentally reshapes philosophy of law by making central to its inquiry legality and the rule of law, constitutional theory, political theory, international law, the social contract, and legitimacy. It also shows the way in which the legal theories of Thomas Hobbes and Hans Kelsen enrich current debates.Trade Review'Just when many legal philosophers were inclined to give in and accept the view long held by most other philosophers and legal theorists that the traditional debate about the nature of law was stalled in sectarian squabbling and anyway of dubious importance, David Dyzenhaus's magnificent book will have us starting all over again. In this creative and original rereading of the main texts, especially those of Hobbes, Hart, and Kelsen, Dyzenhaus brings the subject, and its importance, to life again. His interpretations of all three authors are controversial, but the book is the more interesting and generative for that. Dyzenhaus orchestrates a lively engagement among his predecessors-on his terms, not theirs-and an original and important theory of legal authority emerges organically in the process.' Liam Murphy, Professor of Law, Philosophy, New York University'How the social fact of power is transformed into the normative relationship of authority is a genuine and deep puzzle in the philosophy of law. Dyzenhaus traces how legal positivists, starting with Hobbes, have attended to the way in which the law maintains a relationship of mutual respect and accountability between ruler and subject. His provocative claim is that 'long arc of legality' from Hobbes through Kelsen to Hart reveals the ways in which legal positivists have subtly incorporated insights from their major critics – the natural lawyers – to answer the question of how law can have legitimate authority for its subjects. Through careful analysis of their contributions, he develops a distinctive account of the authority of law, capable of answering the question, 'But, how can that be law for me?'' W. Bradley Wendel, Edwin H. Woodruff Professor of Law, Cornell Law School'There are few works in contemporary legal philosophy that match its standards of quality and innovation. Dyzenhaus's book combines the virtues of originality and insight, which are typical of authors like Dworkin and Raz, with the equally important virtues of discipline, sensitivity to historical context, interdisciplinarity, and generosity in the interpretation of other authors …' Thomas Bustamante, JOTWELLTable of Contents1. The Puzzle of Very Unjust Law I: Hart and Dworkin; 2. The Puzzle of Very Unjust Law II: Hobbes; 3. The Constitution of Legal Authority/The Authority of Legal Constitutions; 4. The Janus-Faced Constitution; 5. The Politics of Legal Space; 6. Legality's Promise; Appendix I. Exclusive and Inclusive Legal Positivism; Appendix II. Kantian Private Law Theory; Appendix III. John Finnis and 'Schmittean Logic'.

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