Constitutional and administrative law: general Books

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Book SynopsisA user's guide to understanding contemporary free speech issues in the United StatesAmericans today are confronted by a barrage of questions relating to their free speech freedoms. What are libel laws, and do they need to be changed to stop the press from lying? Does Colin Kaepernick have the right to take a knee? Can Saturday Night Live be punished for parody? While citizens are grappling with these questions, they generally have nowhere to turn to learn about the extent of their First Amendment rights. The Fight for Free Speech answers this call with an accessible, engaging user's guide to free speech. Media lawyer Ian Rosenberg distills the spectrum of free speech law down to ten critical issues. Each chapter in this book focuses on a contemporary free speech questionfrom student walkouts for gun safety to Samantha Bee's expletives, from Nazis marching in Charlottesville to the muting of adult film star Stormy Daniels and then identifies, unpacks, and explains the key Supreme Court Trade Review"A deep dive into 10 precedent-setting legal actions that helped define the scope—and limits—of the First Amendment.... Essential reading for journalists, political activists, and ordinary citizens alike." * Kirkus Reviews (starred) *"Anyone who reads this book will come away with a solid understanding of the dilemmas of free speech law. Readers with no legal training will gain a huge and valuable insight into the complexities of free speech law. This book ought to be required reading for all political leaders..." * Los Angeles Review of Books *"Rosenberg presents challenging, provocative material in an engaging manner.... Anyone interested in the history of free speech and the Supreme Court will enjoy this extensively researched book." * Library Journal *"This book should be required reading for all engaged citizens. My colleague Ian Rosenberg puts vital information about the law in crisp, comprehensible language. You get a tour through history and a primer on your rights in this eminently useful and readable book." -- Dan Harris, co-anchor of the weekend edition of Good Morning America and #1 New York Times bestselling author of 10% Happier"The Fight for Free speech is a must read for anyone, of any age, to understand the stakes for the amendment America’s founders chose to put first, because without it representative democracy dies aborning. The magic of this book is that it is written with the clarity, concision and dynamism vital to make its lessons stick. It is simply a great read, and a powerful one." -- Brooke Gladstone, co-host of WNYC's On the Media"The Fight for Free Speech is a wonderful guide to our free speech rights, serving as an engaging introduction for all readers, and as an illuminating source of insights even for those with expertise in First Amendment law." -- Nadine Strossen, Former President, American Civil Liberties Union, and author of HATE: Why We Should Resist it With Free Speech, Not Censorship"Ian Rosenberg’s riveting portrayal of ten of the Supreme Court’s leading free speech cases is a page-turner! The Fight for Free Speech tells the gripping, behind-the-scenes stories of those whose visions and passion paved the way for their causes to be heard before our country’s High Court." -- Hon. Frederic Block, United States District Judge, and author of Crime & Punishments: Entering the Mind of a Sentencing Judge"The Fight For Free Speech is as clear as its title. In choosing ten areas of enormous conflict with respect to the scope of free expression and describing cases as to each in a manner that the widest range of readers can both understand and enjoy, Ian Rosenberg has done us all a great service. That this book should be released at a time when the First Amendment is under sustained attack makes it all the more valuable." -- Floyd Abrams, Senior Counsel, Cahill Gordon & Reindel, and author of The Soul of the First Amendment"The past greets the present in Ian Rosenberg’s captivating free speech stories. These true-to-life accounts invite readers to reflect on the value of liberty and the price of freedom. Rosenberg’s revealing narratives, based on ten seminal cases, are crafted with the finesse of a gifted writer combined with the acumen of a learned lawyer. Forceful yet thoughtful, credible yet concise, historical yet modern, engaging yet erudite -- they all tumble together in The Fight for Free Speech, a mind-opening book aptly fit for our times." -- Ronald K.L. Collins, editor of First Amendment News & co-author of We Must Not be Afraid to be Free."With verve and aplomb,The Fight for Free Speech reveals actual free speech conflicts on the ground along with the basic First Amendment law they engendered. It is a gift for citizenship." -- Donald A. Downs, Alexander Meiklejohn Professor of Political Science Emeritus, UW-Madison, and author of Free Speech and Liberal Education"Using recent controversies about free expression as his starting point, Ian Rosenberg introduces general readers to classic problems that have defined the constitutional contours of freedom of expression. You don’t need a legal background to learn a great deal from The Fight for Free Speech." -- Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School"The Fight for Free Speech is an accessible but learned survey of the concepts upon which the Constitutional right to free speech rests. Its 10 chapters weave fascinating narratives about the people who stood up for free speech and the Supreme Court Justices who have struggled to understand how and where to delineate the lines that separate this precious freedom from behavior and language that can be prohibited. Rosenberg explores and contextualizes the signature tropes of free speech discourse including the market place of ideas, shouting fire in a crowded theater, rights that don’t stop at the schoolhouse door, prior restraint, the right to parody and hate speech in order to make our ongoing discourse more careful and accurate. The book is a perfect text for college courses in a variety of fields, including history, government, communication, and politics. It is also a challenging book for AP high school classes. Rosenberg beautifully combines the legal discussions with stories of contemporary examples, and leaves plenty of space to add new examples that will surely present themselves on a regular basis. It is guaranteed to start a discussion!" -- Randall Iden, Faculty Director, Master of Science in Communication Program, Northwestern University

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Book SynopsisA controversial argument for reconsidering the limits of free speech Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevTrade Review"The motives and theories behind outlawing hate speech are made clearest by the updated version of Richard Delgado and Jean Stefancic's Must We Defend Nazi's?." -- Claremont Review of Books

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Book SynopsisA controversial argument for reconsidering the limits of free speech Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevTrade ReviewThe motives and theories behind outlawing hate speech are made clearest by the updated version of Richard Delgado and Jean Stefancic's Must We Defend Nazi's?. -- Claremont Review of Books

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Book SynopsisIn The Judicial Role in a Diverse Federation, Robert Schertzer uses the example of the Supreme Court of Canada to examine how apex courts manage diversity and conflict in federal states.Trade Review‘I thoroughly enjoyed Schertzer’s work, and would not hesitate to recommend it to anyone.’ -- Alex Laird * Saskatchewan Law Review vol 81: 2018 *"Schertzer’s study of the Supreme Court of Canada’s federalism jurisprudence is a significant and welcome contribution to federalism and court studies alike." -- Erin Crandall, Acadia University * The Journal of Federalism vol. 48 no. 4, 2018 *"Schertzer’s analysis of the bulk of the Supreme Court of Canada’s decisions from a 30-year period is a valuable addition to the Canadian constitutional law landscape… [this book] should be in every academic, governmental, and national law library. " -- Kim Clarke, University of Calgary * Canadian Law Library Review, vol. 43:4 *Table of ContentsIntroduction Part One: The Theory and Practice of Managing Diversity via Federalism Ch 1. The "Problem" of National Minorities and the "Solution" of Federalism Ch 2. The Role of the Federal Arbiter in a Diverse Federation Part Two: The SCC's Federalism Jurisprudence, 1980 to 2010 Ch 3. Investigating the SCC's Federalism Jurisprudence Ch 4. The Exemplar of the Secession Reference Ch 5. The SCC's Imposing Federalism Jurisprudence Ch 6. A Federalism Jurisprudence of Recognition Conclusion

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Book SynopsisIn The Constitution in a Hall of Mirrors, David E. Smith presents a learned but accessible analysis of the interconnectedness of Canada's parliamentary institutions.Trade Review‘A reader will be struck by the depth of Smith’s comprehension of the subject matter. He effortlessly weaves between topics, displaying a rare expertise that is honed after decades of study.’ -- Alex Marland * The Hill Times January 8, 2018 *‘The Constitution in a Hall of Mirrors is an interesting and thought provoking read. I recommend it for academic or parliamentary library collections. It would complement, in particular, the reading lists of upper-year undergraduate or graduate students of political science.’ -- Caitilin O’Hare * Canadian Law Library Review vol 43:01:2018 *"David Smith’s The Constitution in a Hall of Mirrors: Canada at 150 is a comprehensive and in-depth exploration of Canada’s political system in the context of the constitution, as the nation celebrated its sesquicentennial…The book is insightful, well thought out, and challenges many beliefs commonly held by the Canadian public, resulting in an overall great book." -- Thomas Laval Fransoo * Saskatchewan Law Review *Table of ContentsPreface Chapter 1 - Reflections Chapter 2 - Refraction: The Crown Chapter 3 - Redefinition: The Senate of Canada Chapter 4 - Readjustment: The House of Commons Chapter 5 - Reconsideration Chapter 6 - Recapitulation

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Book SynopsisIn The Constitution in a Hall of Mirrors, David E. Smith presents a learned but accessible analysis of the interconnectedness of Canada's parliamentary institutions.Trade Review‘A reader will be struck by the depth of Smith’s comprehension of the subject matter. He effortlessly weaves between topics, displaying a rare expertise that is honed after decades of study.’ -- Alex Marland * The Hill Times January 8, 2018 *‘The Constitution in a Hall of Mirrors is an interesting and thought provoking read. I recommend it for academic or parliamentary library collections. It would complement, in particular, the reading lists of upper-year undergraduate or graduate students of political science.’ -- Caitilin O’Hare * Canadian Law Library Review vol 43:01:2018 *"David Smith’s The Constitution in a Hall of Mirrors: Canada at 150 is a comprehensive and in-depth exploration of Canada’s political system in the context of the constitution, as the nation celebrated its sesquicentennial…The book is insightful, well thought out, and challenges many beliefs commonly held by the Canadian public, resulting in an overall great book." -- Thomas Laval Fransoo * Saskatchewan Law Review *Table of ContentsPreface Chapter 1 - Reflections Chapter 2 - Refraction: The Crown Chapter 3 - Redefinition: The Senate of Canada Chapter 4 - Readjustment: The House of Commons Chapter 5 - Reconsideration Chapter 6 - Recapitulation

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Book SynopsisCourts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States.Trade Review"Courts in Federal Countries does something differently than other books on the topic of federal systems of government…Some works may compare one or two countries. This work looks at 13 countries." -- Daniel Perlin, Osgoode Hall Law School of York University * Canadian Law Library Review, vol 44 no 1 *Table of ContentsForeword (Peter Russell) Introduction: Courts in Federal Countries (Nicholas Aroney and John Kincaid) The High Court of Australia: Textual Unitarism vs Structural Federalism (Nicholas Aroney) The Constitutional Court of Belgium: Safeguard of the Autonomy of the Communities and Regions (Patrick Peeters and Jens Mosselmans) The Supreme Federal Court of Brazil: Protecting Democracy and Centralized Power Gilberto Marcos Antonio Rodrigues, Marco Antonio Garcia Lopes Lorencini, and Augusto Zimmermann) The Supreme Court of Canada: The Concept of Cooperative Federalism and its Effect on the Balance of Power (Eugénie Brouillet) The Federal Supreme Court of Ethiopia: Federalism’s Bystander (Gedion Hessebon and Abduletif K. Idris) The Federal Constitutional Court of Germany: Guardian of Unitarism and Federalism (Arthur Benz) The Supreme Court of India: The Rise of Judicial Power and the Protection of Federalism (Manish Tewari and Rekha Saxena) The Supreme Court of Mexico: Reconfiguring Federalism through Constitutional Adjudication and Amendment after Single-Party Rule (José Antonio Caballero Juárez) The Supreme Court of Nigeria: An Embattled Judiciary More Centralist than Federalist (Rotimi T. Suberu) The Constitutional Court of South Africa: Reinforcing An Hourglass System of Multilevel Government (Nico Steytler) The Constitutional Court of Spain: From System Balancer to Polarizing Centralist (Elisenda Casanas Adam) The Federal Supreme Court of Switzerland: Judicial Balancing of Federalism without Judicial Review (Andreas Lienhard, Daniel Kettiger, Jacques Bühler, Loranne Mérillat, and Daniela Winkler) The Supreme Court of the United States: Promoting Centralization More than State Autonomy (Ilya Somin) Comparative Conclusions (Nicholas Aroney and John Kincaid)

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

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Book SynopsisA summary and analysis of the Supreme Court's impact on American law and government during the tenureship of Warren Burger. Earl M. Maltz contends that in many areas of constitutional law the Burger Court produced the most liberal jurisprudence in history.

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Book SynopsisWhen it comes to American Indian treaties, the American polity too often forgets the realities of history. Prevailing perceptions are often not only inaccurate but also premised on outright falsehoods. Treaty-making was profoundly influenced by tribal conceptions of diplomacy. Colonial and early U.S. treaties especially were clothed in ritual, metaphor, and covenants that emphasized the sacred nature and purpose of diplomacy and represented a time when tribal nations were equal partners. To understand the nature and meaning of tribal treaties one needs to read them and recognize their sacred pledges and meaning, which are still relevant today.This volume examines intertribal treaties and treaty-making and provides understanding of both the agreements and the diplomatic protocols in which they were enmeshed. It summarizes colonial Indian treaty discourse, intertribal treaties and diplomacy, the different eras of ratified and unratified U.S. treaties, foreign and state treaties with Indian nations, and the Indian agreements that followed the cessation of official treaty-making. It provides extensive lists of over 1,500 Indian treaties from all tribal diplomatic eras and includes dates, participants, purposes, and references.Trade Review“This volume stands out not only for the additional entries of Indian documents supplementing the earlier works of Deloria Jr., Prucha, DeMallie, and Fixico, but also because DeJong draws the reader into his lengthy discussion of traditional Indian agreement protocols and rituals for successful bilateral negotiations.” —Blue Clark, author of Lone Wolf v Hitchcock: Treaty Rights and Indian Law at the End of the Nineteenth Century “This set of appendices alone will be worth the price of the book, as it is indeed the most detailed list I have seen. They reflect careful attention to detail and years of patient collection and collating of documents.” —David E. Wilkins, coauthor of American Indian Politics and the American Political System “Combines solid and concise analysis with thoroughly researched reference material… Dejong has made a strong contribution to the field of American Indian history and provides scholars an invaluable reference that will no doubt spawn future comparative scholarship on American Indian treaties.” —New Mexico Historical Review “While the catalogs of treaties make up the bulk of this work, DeJong also provides an excellent overview of the history of Native treaty making…. Scholars interested in a comprehensive list of Native treaties and students looking for a cogent history of treaty making should consider including this work in their libraries.” —Pacific Northwest Quarterly “David DeJong’s collection of Indian treaties fills an important gap in legal research and scholarship on the formal, and sometimes tortured, relationship between Indian tribes and other governments…. The text provides the necessary thorough background for any reader to understand the importance of Indian treaties, the context in which they were made, and the various ways in which treaties were broken and enforced as the nation’s perception of American Indians evolved.”—Great Plains Quarterly “Even though the book is a legal history, DeJong never gets bogged down in legal jargon and does a superior job of distilling the complexities of tribal law cases.… American Indian Treaties is a worthwhile reference work for anyone conducting research related to American Indian treaties.” —The Chronicle of Oklahoma “DeJong has created a user-friendly reference book for scholars conducting research on treaties and the treaty relationship between the United States and American Indian tribes. American Indian Treaties serves both as an introduction to the history of American Indian treaties and as a quick reference for essential information for individual treaties that will benefit scholars working within American Indian studies.”—American Indian Quarterly

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Book SynopsisWith the expansion of technology and governance, the information governance industry has experienced dramatic and often, sudden changes. Among the most important shifts are the proliferation of data privacy rules and regulations, the exponential growth of data and the need for removing redundant, obsolete, and trivial information and the growing threat of litigation and regulatory fines based on a failure to properly keep records and manage data. At the same time, longstanding information governance standards and best practices exist, which transcend the sudden vicissitudes of the day.This volume focuses on these core IG principles, with an emphasis on how they apply to our target audience, which includes law librarians, legal and research staff and other individuals and departments in both the public and private sectors who engage deeply with regulatory compliance matters.Core topics that will be addressed include: the importance of implementing and maintaining cohesive records management workflows that implement the classic principles of capturing, checking, recording, consolidation, and review; the classic records management principles of Accountability, Transparency, Integrity, Protection, Compliance, Accessibility, Retention and Disposition; and archives Management and the two principles of Providence and Original Order.

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Book SynopsisComparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.The authors - leading comparativists from around the world - illuminate material from Asian jurisdictions on matters such as freedom of religion, constitutional courts, property rights, emergency regimes and the drafting process of constitutions. Together they present a picture of a region that is grappling with complex constitutional issues and is engaged with developments in the rest of the world, while at the same time pursuing distinctive local solutions that deserve close attention.This unique scholarly study will prove an important research tool for Asian scholars, constitutional lawyers within Asia and comparative constitutional scholars around the world.Contributors: T. Allen, J. Blount, J.A. Cheibub, S. Choudhry, R. Chowdhry, M. Clark, R. Dixon, T. Ginsburg, R. Hirschl, M. Khosla, F. Limongi, K. O'Regan, V.V. Ramraj, C. Saunders, A. Stone, M. TushnetTable of ContentsContents: 1. Introduction Rosalind Dixon and Tom Ginsburg PART I: CONSTITUTIONAL DESIGN, AMENDMENT AND INTERPRETATION 2. Participation in Constitutional Design: Asian Exceptionalism Justin Blount and Tom Ginsburg 3. Constitutional Courts in East Asia Tom Ginsburg 4. Judicial Engagement Cheryl Saunders 5. Weak-form Review and its Constitutional Relatives: an Asian Perspective Mark Tushnet and Rosalind Dixon PART II: CONSTITUTIONAL STRUCTURE 6. The Structure of Legislative-Executive Relations: Asia in Comparative Perspective José Antonio Cheibub and Fernando Limongi 7. Classical and Post-Conflict Federalism: Implications for Asia Sujit Choudhry 8. Constitutions and Emergency Regimes in Asia Victor V. Ramraj PART III: CONSTITUTIONAL RIGHTS 9. The Comparative Constitutional Law of Freedom of Expression in Asia Adrienne Stone, Rishad Chowdhry and Martin Clark 10. The Right to Property in Asia Tom Allen 11. Equality in Asia Kate O’Regan and Madhav Khosla 12. Comparative Constitutional Law and Religion in Asia Ran Hirschl Index

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Book SynopsisThis extensive book explores in detail a wide range of topics within the public choice and constitutional political economy tradition, providing a comprehensive overview of current work across the field.The expert contributions are underpinned by the notion of moving economic thinking away from the analysis of the logic of a situation given a set of well-established and well-enforced 'rules of the game', towards a deeper analysis of the logic behind the selection of the rules of the game themselves. Within this context, the theme of choice between rules (as well as the more conventional analysis within rules) across historical time and place, and in various thought experiments and conceptual situations, is explored in detail. Extensive case studies back theory with empirical evidence, and topics discussed include: the foundations of constitutional economics; constitutional political economy; political competition and voting; public choice and public policy; and extensions to public choice theory.This stimulating book will prove a thought-provoking read for academics and both under- and post-graduate students in the fields of economics (particularly public choice and Austrian economics), public policy and political science.Contributors: P. Bernholz, V.K. Borooah, G. Brennan, G. Brosio, J.M. Buchanan, F. Cabrillo, R.D. Congleton, G. Eusepi, S. Fedeli, M. Ferrero, S. Fitzpatrick, F. Forte, B.S. Frey, J. Helin, M.J. Holler, J.D. Montoro-Pons, S. Neckermann, H. Nurmi, M. Paldam, M.A. Puchades-Navarro, G.C. Romagnoli, P. Salmon, V.J. Vanberg, B.-A. WickströmTable of ContentsContents: Foreword Peter Boettke Introduction Francisco Cabrillo and Miguel A. Puchades-Navarro PART I: FOUNDATIONS OF CONSTITUTIONAL ECONOMICS 1. Presuppositions in the Evaluation of Rules James M. Buchanan 2. Buchanan, Hobbes and Contractarianism: The Supply of Rules? Geoffrey Brennan and Giuseppe Eusepi PART II: CONSTITUTIONAL POLITICAL ECONOMY: CASE STUDIES 3. Economic Governance in the European Union. A Problem of Legitimacy Francisco Cabrillo and Sean Fitzpatrick 4. Early Spanish Liberalism and Constitutional Political Economy: The Cádiz Constitution of 1812 Roger D. Congleton 5. Reforms and Decentralization: Friends or Foes? Pierre Salmon 6. Democracy-Preserving Institutions: The Quasi-federal System of South Africa Giorgio Brosio PART III: POLITICAL COMPETITION AND VOTING 7. On Machiavelli′s Conspiracy Paradoxes Manfred J. Holler 8. A General Measure of the ‘Effective’ Number of Parties in a Political System Vani K. Borooah 9. Party Competition and Electoral Turnout: Downs’s Calculus in a Multiparty System Juha Helin and Hannu Nurmi PART IV: PUBLIC CHOICE AND PUBLIC POLICY 10. The Political Economy of Dutch Disease: A Survey Martin Paldam 11. Higher Education as Private Good and as Quasi Public Good: The Case of Italy Silvia Fedeli and Francesco Forte 12. The Actual Role of Government Intervention for the Recovery of the Italian Economy Gian Cesare Romagnoli 13. Government Bankruptcy of Balkan Nations and the Consequences for Money and Inflation Before 1914: A Comparative Analysis Peter Bernholz PART V: EXTENSIONS IN PUBLIC CHOICE THEORY 14. Regulator Preferences and Lobbying Efforts in Rent-seeking Contests Juan D. Montoro-Pons 15. Cooperation in Multilateral PDs: Self-selected vs. Pre-defined Groups Viktor J. Vanberg 16. Voluntary Provision of Public Goods Miguel A. Puchades-Navarro 17. Awards Play an Important Role Bruno S. Frey and Susanne Neckermann 18. The Optimal Babel: An Economic Framework for the Analysis of Dynamic Language Rights Bengt-Arne Wickström 19. A Theory of Conversion to Exclusive Religions and Political Faiths Mario Ferrero Index

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Book SynopsisAs in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative and judicial responses to these issues.The papers gathered in this volume demonstrate how global regulations tend to meet strong cultural resistance, in particular when dealing with the more subtle patterns of conflicts of interest. It is a notion that is far from successfully regulated in every country or addressed in compatible ways. In fact, the comparisons offered demonstrate that even international organizations such as the European Union have failed to fully consolidate their systems for mitigating their own risks of corruption and conflicts of interest.Providing a comprehensive study of the phenomenon of corruption and conflicts of interest from a comparative perspective, this book will prove vital for academics, NGOs and practitioners.Contributors: S.A. Aaronson, M.R. Abouharb, J.-B. Auby, M. Benedetti, E. Breen, E. Chiti, E. D'Alterio, H. Delzangles, L. Folliot-Lalliot, D. Gordon, G. Houillon, P. Lascoumes, Y. Marique, B.G. Mattarella, R.E. Messick, C. Moser, T. Paris, T. Perroud, C. Rose, S. Rose-Ackerman, P. Szarek Mason, Ç. Tansug, S. WhiteTable of ContentsContents: Introduction PART I: CONFLICTS OF INTEREST AND CORRUPTION: A FINE LINE? 1. Corruption and Conflicts of Interest Susan Rose-Ackerman PART II: COMPARATIVE STUDIES ON CORRUPTION AND CONFLICTS OF INTERESTS FROM A PROCEDURAL PERSPECTIVE 2. Regulatory Authorities and Conflicts of Interests Hubert Delzangles 3. The Conflicts of Interests of Public Officers: Rules, Checks and Penalties Bernardo Giorgio Mattarella 4. Protecting the Integrity of the U.S. Federal Procurement System: Conflict of Interest Rules & Aspects of the System That Help Reduce Corruption Dan Gordon 5. Corruption and Conflicts of Interest: Future Prospects on Lobbying Grégory Houillon 6. Condemning Corruption and Tolerating Conflicts of Interest French ‘Arrangements’ Regarding Breaches of Integrity Pierre Lascoumes 7. Integrity in English and French Public Contracts. Towards Clarifying Administrative Cultures Yseult Marique 8. Policy Considerations when Drafting Conflict of Interest Legislation Richard E. Messick 9. Conflicts of Interests of Government Members and the Risk of Corruption: An Assessment of Pre-Revolutionary Tunisia and Egypt Carolyn Moser 10. Is (French) Continental Law Efficient at Fighting Conflicts of Interests? Timothée Paris 11. Corruption and Conflicts of Interests in the United Kingdom Cecily Rose 12. The Legal Regulations of The Prevention of Corruption of Civil Servants in Turkey and the Council of Ethics for Public Service Çagla Tansug PART III: INTERNATIONAL ORGANIZATIONS AND THE FIGHT AGAINST CORRUPTION AND CONFLICTS OF INTEREST 13. Corruption, Conflicts of Interests and the WTO Susan Ariel Aaronson and M. Rodwan Abouharb 14. ‘Global Integrity’: National Administrations versus Global Regimes Elisa D’Alterio 15. How Multilateral Development Banks Invest Corruption in their Funded Projects Mariangela Benedetti 16. Introduction to World Bank’s Policies in the Fight Against Corruption and Conflicts of Interests in Public Contracts Laurence Folliot-Lalliot PART IV: EUROPEAN ADMINISTRATIVE LAW AND THE FIGHT AGAINST CORRUPTION AND CONFLICTS OF INTERESTS 17. Mismanagement by European Agencies. Concerns, Institutional Responses, and Lessons Edoardo Chiti 18. Footprints in the Sand: Regulating Conflict of Interest at EU Level Simone White 19. OLAF: The Anti-corruption Policy Within the European Union Patrycja Szarek Mason

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Book SynopsisVirtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for - and evils of - secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism.In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking 'state secrets', and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness.Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.Contributors: O. Aronson, K. Clark, D. Cole, D. Curtin, F. Fabbrini, T. Fischer, L. Garlicki, S. Krebs, N. Lomjaria, A. Lynch, J. Mazzone, C.C. Murphy, T. Ojanen, K. Roach, M. Scheinin, S. Schulhofer, S. Sedley, S. Setty, T. Tulich, M. Vashakmadze, A. Vedaschi, S.I. Vladeck, C. Walker, R. WelshTrade Review'This is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.' --Vicki C. Jackson, Harvard University Law School, US'This book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.' --Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976-1991Table of ContentsContents: Foreword Martin Scheinin 1. Introduction David Cole, Federico Fabbrini and Arianna Vedaschi PART I: SECRECY AND COURTS 2. Terrorism and Security: Back to the Future? Lord Justice (retired) Stephen Sedley 3. Oversight of National Security Secrecy in the United States Stephen Schulhofer 4. Secrecy vs. Openness: Counterterrorism and the Role of the German Federal Constitutional Court Mindia Vashakmadze 5. Formalism and State Secrets Sudha Setty PART II: SECRECY AND LEGISLATURES 6. Direct and Indirect Access to Intelligence Information: Lessons in Legislative Oversight from the United States and Canada Kathleen Clark and Nino Lomjaria 7. Arcana Imperii and Salus Rei Publicae: State Secrets Privilege and the Italian Legal Framework Arianna Vedaschi PART III: SECRECY AND DETENTION 8. Managing Secrecy and its Migration in a Post-9/11 World Kent Roach 9. National Security, Secret Evidence and Preventive Detentions: The Israeli Supreme Court as a Case Study Shiri Krebs 10. Secrecy and Control Orders: The Role and Vulnerability of Constitutional Values in the United Kingdom and Australia Andrew Lynch, Tamara Tulich and Rebecca Welsh 11. Comparative Advantages: Secret Evidence and ‘Cleared Counsel’ in the United States, the United Kingdom and Canada David Cole and Stephen I. Vladek PART IV: SECRECY AND CRIMINAL TRIALS 12. The Normalization of Anonymous Testimony Jason Mazzone and Tobias Fischer 13. Terrorists on Trial: An Open or Closed Case? Clive Walker 14. In/Visible Courts: Military Tribunals as Other Spaces Ori Aronson PART V: SECRECY AND ADMINISTRATIVE MEASURES 15. Administrative Counter-Terrorism Measures – A Strategy to Circumvent Human Rights in the Fight Against Terrorism? Tuomas Ojanen 16. Secret Evidence in EU Security Law: Special Advocates before the Court of Justice? Cian C. Murphy 17. Global Sanctions, State Secrets and Supranational Review: Seeking Due Process in an Interconnected World Federico Fabbrini 18. Secrecy Regulation by the European Union Inside Out Deirdre Curtin 19. Concluding Remarks Justice (retired) Lech Garlicki Index

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Book Synopsis'The fields of comparative administrative law and its close cousin, regulatory law, are now experiencing the explosion that occurred a while ago in comparative constitutional law. This Bignami and Zaring volume provides both excellent introduction into these newest developments and a record of substantial research achievements.'- Martin Shapiro, University of California, Berkeley, School of LawRegulation today is global. It affects everything from e-commerce to product safety to air quality and much more. How is regulation made and enforced in the multiple domestic and international jurisdictions called upon to address the problems of international markets and global society? To understand the global regulatory process, it is necessary to move beyond conventional sub-fields of law like administrative law and international law. Drawing on contributions from an international team of leading scholars with diverse subject and country expertise, Comparative Law and Regulation introduces a new field of legal research geared at understanding the operation of the regulatory process across the world. The volume affords cutting-edge analysis of the entire gamut of regulatory law: rulemaking by bureaucracies, legislatures, and private bodies; oversight by public and private actors; civil and criminal enforcement; and judicial review. The chapters cover over thirty different domestic and international jurisdictions, including the United States, Germany, the European Union, India, China, South Korea, Colombia, the World Trade Organization, and private investor-state arbitral tribunals.The theoretical and methodological innovations introduced in this book will make it compulsory reading for scholars of public law, comparative law, and international law as well as those working in public policy, political science, and economics. For legal professionals in government agencies and the private sector, it affords both a useful theoretical framing of the complex issues involved in international and comparative regulation and an up-to-date overview of the legal and technical aspects. Contributors include: J. Baert Wiener, F. Bignami, A.R. Chapman, C. Coglianese, E.A. Feldman, C. Fish, L. Forman, J. Fowkes, D.A. Hensler, H.C.H. Hofmann, C.-Y. Huang, R.D. Kelemen, E. Lamprea, D.S. Law, D. Lima Ribeiro, J. Ohnesorge, L. Peter, S. Rose-Ackerman, G. Shaffer, J.L. Short, S. Smismans, B. Van Rooij, W. Wagner, B. Worthy, J. Yackee, D. ZaringTrade ReviewComparative Law and Regulation: Understanding the Global Regulatory Process opens a new frontier in administrative and comparative law. It visualizes the subject of government regulation of private business enterprise in international terms. It examines the ways in which different countries as well as international organizations engage in regulation, and the checks and balances that constrain that process. It considers the possibilities of convergence and transplants from one country to another. It examines the many dimensions of the problem including developed vs. developing countries, private vs. public regulators, and pluralistic vs. neo-corporatist systems. Global regulation is a subject of immense practical and political importance, and this volume does justice to its complexity.' --Michael Asimow, Stanford Law School'This collection, written by leading scholars of administrative law, is a major contribution to a field whose importance is increasingly recognized. The chapters combine thoughtful theoretical analyses - based in part on a framework clearly laid out in an introductory essay - with detailed examination of the actual operation of administrative law in several legal arenas defined both by their subject matters and the legal systems in which the issues arise. The literature in this new field is significantly deepened by this valuable collection.' --Mark Tushnet, Harvard Law School'Comparative Law and Regulation invites and assists scholars and policy makers to reassess how regulation operates within their own countries in light of the experience of other countries. The twenty-one chapters, written by leading scholars, weave together multiple disciplinary perspectives to capture the rich complexity of regulatory processes in an accessible and helpful manner. Bignami and Zarling have edited a commanding contribution to the emerging field of comparative law and regulation.' --Sidney Shapiro, Wake Forest UniversityTable of ContentsContents: INTRODUCTION A New Field: Comparative Law and Regulation Francesca Bignami PART I THE REGULATORY STATE ACROSS THE GLOBE 1. The Historical Origins of American Regulatory Exceptionalism Reuel Schiller 2. Regulation in the European Union R. Daniel Kelemen 3. The Regulatory State in East Asia John Ohnesorge PART II RULEMAKING 4. Participation in the U.S. Administrative Process Wendy Wagner 5. Regulatory Procedure and Participation in the European Union Stijn Smismans PART III OVERSIGHT 6. Impact Assessment: Diffusion and Integration Jonathan B. Wiener and Daniel L. Ribeiro 7. Access to Information in the UK and India Ben Worthy PART IV ENFORCEMENT 8. The Campaign Enforcement Style: Chinese Practice in Context and Comparison Benjamin Van Rooij 9. Can Private Class Actions Enforce Regulations? Do They? Should They? Deborah R. Hensler PART V JUDICIAL REVIEW 10. Regulation and the Courts: Judicial Review in Comparative Perspective Francesca Bignami 11. Proportionality Review of Administrative Action in Japan, Korea, Taiwan, and China Cheng-Yi Huang and David S. Law 12. Structural Reform Litigation, Regulation and the Right to Health in Colombia Everaldo Lamprea, Lisa Forman and Audrey R. Chapman 13. The Law of Lawmaking: Positive Political Theory in Comparative Public Law Susan Rose-Ackerman, Stefanie Egidy and James Fowkes PART VI PRIVATE REGULATION AND NEW GOVERNANCE 14. The Troubling Conjunction of Public and Private Law Peter L. Strauss 15. Performance-Based Regulation: Concepts and Challenges Cary Coglianese 16. Transplanting Law in a Globalized World: Private Transnational Regulation and the Legal Transplant Paradigm Jodi L. Short PART VII INTERNATIONAL JURISDICTIONS 17. How the WTO Shapes the Regulatory State Gregory Shaffer 18. International Investment Law and Regulatory Governance Jason Yackee 19. The Emerging Post-Crisis Paradigm for International Financial Regulation David Zaring 20. The Integrated Administrative Law and Governance of the European Union Herwig C. H. Hofmann 21. Governing Disasters: The Challenge of Global Disaster Law and Policy Eric A. Feldman and Chelsea Fish Index

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Book SynopsisComparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practise realism, demonstrate critical spirit and examine the dark side of framers' reports and normative theories.This book deals with textbook hegemons, made in Philadelphia, Tokyo, Paris and, more importantly, with other constitutions from the global south, often classified as also-ran. Constitutions reflect conflicts and experiences, political visions and anxieties, ideals and ideologies, and Frankenberg's interdisciplinary approach serves as an excellent introduction to a new transnational conversation in comparative constitutional law. Its fresh perspective will make this book as an excellent resource for scholars and students of comparative constitutional law, political science, sociology, and anthropology.Trade Review'This well-written study confirms Gunter Frankenberg's position as one of the most astute and subtle students of the methodology of comparative constitutional law. His emphasis on constitutional law as narrative, and his attention to ''other'' constitutions, not part of the field's canon, are important contributions.' --Mark Tushnet, Harvard Law School, US'Gunter Frankenberg is one of the most influential and original authors in the study of comparative constitutionalism, and this is his main contribution in the matter. Comparative Constitutional Studies is an intelligent, informed and profound book, which is called to become a must read for students and professionals in the area.' --Roberto Gargarella, Torcuato Di Tella University, Argentina'The here presented study opens our eyes to the actual histories and experiences of which constitutional texts are merely one embodiment. Shifting between the actors/voices/interests involved in constitutional design, on the one hand, and the constitutional documents on the other, Professor Frankenberg illuminates the dynamics of constitutionalism as part of locally situated and shaped, yet globally interacting societal processes. Integrating the history and theory of political ideas, the study of socio-economic transformation and the merits of anthropological ethnography, constitutionalism unfolds as a crucial dimension of social, political and legal change. This is the stuff that legal analysis should be and, here, is made of.' --Peer Zumbansen, King's College London, UKTable of ContentsContents: Preface 1. Constitutions: Between Magic and Deceit PART I Theory and Method 2. Constitutional Idiom and Design 3. Comparing Constitutions: Theory and Method PART II History and Transfer 4. Constitutional Transfer and Experimentalism 5. Constitutional Experimentalism in Nineteenth-Century Europe PART III Constitution as Order 6. Order from Conflict 7. Constituting Against Partition and Fragmentation 8. Constituting States of Exception Epilogue Index

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Book SynopsisConstitutions and their systems are increasingly under pressure from identity groups such as regional and national minorities. Presenting the first comparative analysis of the negotiation of constitutional demands by these groups, Vito Breda uses an innovative methodology to create a richer understanding of the pluralistic nature of modern states. Combining both political and constitutional analysis, Breda expertly analyses cases from the USA, Canada, UK, Spain, Italy, New Zealand and Australia, reviewing the practices of cooperation and litigation between these groups and central institutions. An evaluation of the implications of the Catalonian, Puerto Rican and Scottish referenda show how regionalists seek to negotiate with central governments, defined by what they consider acceptable engagements under constitutional law. Both the systems and the constitutions themselves are changing under the pressure of these groups, but what remains is the distinctive constitutional structure ensuring democratic agreements emerge from difficult negotiation processes. Timely and in-depth, this book is a vital contribution to discussion on constitutional law globally. It will also attract researchers interested in regional issues within law, political science and sociology, and particularly those who study the role of regional or nationalist movements inside democracies.Trade Review'Through a careful study of 7 cases, Breda shows how regions have been able to acquire powers of self-government through constitutional negotiations and the corresponding forms of democratic federalism these negotiations bring about in response. Required reading for anyone interested in democratic constitutional change in complex societies.' --James Tully, University of Victoria, Canada'This is a must-read book for everyone studying current federalist issues. Dr Breda perfoms a holistic analysis on the most representative federal models, guiding the reader through the key questions: why a society decides to organize itself in a federal way and which are the main challenges that the ''demos'' and the ''polity'' are really facing.' --Luis Gordillo, University of Deusto, Spain'Despite renewed interest among constitutional scholars in federalism and sub-state nationalism, the broader category of regionalism remains neglected. Vito Breda's book promises to fill this gap. It brings an insightful cross-disciplinary approach to many of the main case studies, and draws out comprehensively the range of institutional approaches which contemporary constitutionalism brings to the accommodation of regions.' --Stephen Tierney, University of Edinburgh, UKTable of ContentsContents: Acknowledgements Introduction 1. Identity-Based Constitutional Claims: Negotiating with Regionalists 2. The UK: Identity-Based Constitutional Claims in a Parliamentarian System 3. Spain: Constitutional Negotiations and Ethnocentric Nationalisms 4. Italy: Constitutional Negotiations and Tolerance in a Patrimonial Political System 5. Canada: A Multinational Constitution and the Obligation to Negotiate 6. USA: Constitutional Negotiations and Peripheral Nationalism 7. New Zealand: The Westminster Model and Meso-Governance 8. Australia: the Recognition of Aboriginal Peoples and Torres Strait Islanders Bibliography Index

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Book SynopsisThis is an original and ambitious book that seeks to re-theorise regulation in ways that place embedded social bonds and socio-economic sustainability at the heart of regulatory principle. Findlay and Lim range across a wide landscape of economic history, cultural anthropology and political theory perspectives, weaving them into a unique perspective on regulation that challenges the underlying assumptions of much of the existing literature. Their critical focus on the centrality of private property rights in regulatory theory is a welcome move in this stimulating book that deserves to provoke debate.'- Bronwen Morgan, UNSW, Australia'Mark Findlay and Lim Si Wei explore how economics and governance are socially embedded through deft moves from one part of the globe to another. How can there be regulation that is unresponsive to culturally distinctive East Asian principles of 'face'? How can integrity survive in migrant labour contracts? This is a searing engagement with challenges of inequality in contemporary capitalism that can only be confronted by a principled embedded regulation. The limits of Western models of the national regulator are evocatively exposed with a distinctive theoretical sophistication.'- John Braithwaite, Australian National UniversityThis ambitious book takes up the grand challenge to design regulatory thinking for a global future beyond wealth and growth, and towards social sustainability. Assuming a 'South World' perspective on market regulation and social sustainability, the authors present the options and possibilities for radically repositioning regulatory principle.The analysis of intersections between the market economies of the South and North reconsiders fundamental regulatory relationships and outcomes motivated by sustainability rather than individual wealth creation and economic growth models. The book aims to return economy to society at a critical global juncture, demanding new and creative regulatory intervention outside the regulatory state model. Along with new perspectives on regulation, the analysis offers a better understanding of the problematic future of global regulation by revealing the different reasons for fragmentation within and between very different regulatory spaces.Students of social development and scholars researching market economics and the global crisis will find this book to be a valuable and challenging resource. Policy makers and readers interested in law and regulation will also benefit from the thoughtful discussion presented in this volume.Contents: 1. Reimagining Contemporary Regulatory Principle - Fragmented Regulatory Space 2. Redirecting Analytical Focus - South to North Worlds 3. Social Embeddedness and Market Economies 4. Legal Regulation, Private Property Protection and the Sustainability Project 5. Law's Place in Regulating Migrant Labour Markets 6. Sustainable Markets and Community Inclusion 7. The Truth of Growth IndexTrade Review‘This is an original and ambitious book that seeks to re-theorise regulation in ways that place embedded social bonds and socio-economic sustainability at the heart of regulatory principle. Findlay and Lim range across a wide landscape of economic history, cultural anthropology and political theory perspectives, weaving them into a unique perspective on regulation that challenges the underlying assumptions of much of the existing literature. Their critical focus on the centrality of private property rights in regulatory theory is a welcome move in this stimulating book that deserves to provoke debate.’ -- Bronwen Morgan, UNSW, Australia‘Mark Findlay and Lim Si Wei explore how economics and governance are socially embedded through deft moves from one part of the globe to another. How can there be regulation that is unresponsive to culturally distinctive East Asian principles of 'face'? How can integrity survive in migrant labour contracts? This is a searing engagement with challenges of inequality in contemporary capitalism that can only be confronted by a principled embedded regulation. The limits of Western models of the national regulator are evocatively exposed with a distinctive theoretical sophistication.’ -- John Braithwaite, Australian National UniversityTable of ContentsContents: 1. Reimagining Contemporary Regulatory Principle – Fragmented Regulatory Space 2. Redirecting Analytical Focus - South to North Worlds 3. Social Embeddedness and Market Economies 4. Legal Regulation, Private Property Protection and the Sustainability Project 5. Law’s Place in Regulating Migrant Labour Markets 6. Sustainable Markets and Community Inclusion 7. The Truth of Growth Index

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Book SynopsisThis timely volume by distinguished scholar Günter Frankenberg offers a sophisticated analysis and sharp critique of the reactions of nations such as the US, Great Britain and Germany to perceived terrorist threats, organized crime actions and other political emergencies that have occurred in recent years. The author demonstrates how governments have increasingly sacrificed the rule of law and human rights for the benefit of security programs ? as evidenced by a rise in extraordinary measures such as surveillance, detention and torture ? thus normalizing the state of exception and privileging preemptive, proactive and coercive methods of political engineering. An interdisciplinary and multi-jurisdictional study, this book develops and implements a unique theoretical and conceptual framework for understanding the rise of technical-political rationality and the fall of the rule of law, and submits both to a firm critique. Particularly relevant in light of current controversies, this provocative book will appeal to scholars and students of international and constitutional law, legal theory, political science, and terrorism studies.Trade Review‘Books abound on the question whether states of emergency can be legally controlled. But Frankenberg’s account stands out because of his mastery of the political and legal contexts in which the terms of the debate about states of emergency were framed for us – the situation of Weimar and the constitutional reaction in postwar Germany. In addition, Frankenberg has an astonishing command of the history of political theory from Hobbes to the present. His innovative but scholarly analyses permit him to construct a narrative about the potential of the rule of law to respond to emergencies that includes detailed examinations of Schmitt, Foucault, Habermas, Agamben, and many others. His treatments of these figures seek to draw out the genuine insights they might offer, so that, even though none of the figures escapes the force of his criticism, his argument will challenge the assumptions of all involved in the debate.’ -- David Dyzenhaus, University of Toronto, CanadaTable of ContentsContents: Preface 1. A Critique of Political Technology 2. Visions of Political Technology 3. Constellations of Law-Rule and the State of Exception 4. The State of Exception as Mindset and Doctrine 5. Political Extremism and the Militancy of Law-Rule 6. Normalizing the State of Exception: Counter-Terrorism and ‘Whatever it Takes’ 7. Normalizing Torture as a Technique of Governing: What the ‘Exigencies of War’ Demand? Afterword

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Book SynopsisThis timely volume by distinguished scholar Günter Frankenberg offers a sophisticated analysis and sharp critique of the reactions of nations such as the US, Great Britain and Germany to perceived terrorist threats, organized crime actions and other political emergencies that have occurred in recent years. The author demonstrates how governments have increasingly sacrificed the rule of law and human rights for the benefit of security programs ? as evidenced by a rise in extraordinary measures such as surveillance, detention and torture ? thus normalizing the state of exception and privileging preemptive, proactive and coercive methods of political engineering. An interdisciplinary and multi-jurisdictional study, this book develops and implements a unique theoretical and conceptual framework for understanding the rise of technical-political rationality and the fall of the rule of law, and submits both to a firm critique. Particularly relevant in light of current controversies, this provocative book will appeal to scholars and students of international and constitutional law, legal theory, political science, and terrorism studies.Trade Review‘Books abound on the question whether states of emergency can be legally controlled. But Frankenberg’s account stands out because of his mastery of the political and legal contexts in which the terms of the debate about states of emergency were framed for us – the situation of Weimar and the constitutional reaction in postwar Germany. In addition, Frankenberg has an astonishing command of the history of political theory from Hobbes to the present. His innovative but scholarly analyses permit him to construct a narrative about the potential of the rule of law to respond to emergencies that includes detailed examinations of Schmitt, Foucault, Habermas, Agamben, and many others. His treatments of these figures seek to draw out the genuine insights they might offer, so that, even though none of the figures escapes the force of his criticism, his argument will challenge the assumptions of all involved in the debate.’ -- David Dyzenhaus, University of Toronto, CanadaTable of ContentsContents: Preface 1. A Critique of Political Technology 2. Visions of Political Technology 3. Constellations of Law-Rule and the State of Exception 4. The State of Exception as Mindset and Doctrine 5. Political Extremism and the Militancy of Law-Rule 6. Normalizing the State of Exception: Counter-Terrorism and ‘Whatever it Takes’ 7. Normalizing Torture as a Technique of Governing: What the ‘Exigencies of War’ Demand? Afterword

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Book SynopsisComparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.The authors - leading comparativists from around the world - illuminate material from Asian jurisdictions on matters such as freedom of religion, constitutional courts, property rights, emergency regimes and the drafting process of constitutions. Together they present a picture of a region that is grappling with complex constitutional issues and is engaged with developments in the rest of the world, while at the same time pursuing distinctive local solutions that deserve close attention.This unique scholarly study will prove an important research tool for Asian scholars, constitutional lawyers within Asia and comparative constitutional scholars around the world.Contributors: T. Allen, J. Blount, J.A. Cheibub, S. Choudhry, R. Chowdhry, M. Clark, R. Dixon, T. Ginsburg, R. Hirschl, M. Khosla, F. Limongi, K. O'Regan, V.V. Ramraj, C. Saunders, A. Stone, M. TushnetTable of ContentsContents: 1. Introduction Rosalind Dixon and Tom Ginsburg PART I: CONSTITUTIONAL DESIGN, AMENDMENT AND INTERPRETATION 2. Participation in Constitutional Design: Asian Exceptionalism Justin Blount and Tom Ginsburg 3. Constitutional Courts in East Asia Tom Ginsburg 4. Judicial Engagement Cheryl Saunders 5. Weak-form Review and its Constitutional Relatives: an Asian Perspective Mark Tushnet and Rosalind Dixon PART II: CONSTITUTIONAL STRUCTURE 6. The Structure of Legislative-Executive Relations: Asia in Comparative Perspective José Antonio Cheibub and Fernando Limongi 7. Classical and Post-Conflict Federalism: Implications for Asia Sujit Choudhry 8. Constitutions and Emergency Regimes in Asia Victor V. Ramraj PART III: CONSTITUTIONAL RIGHTS 9. The Comparative Constitutional Law of Freedom of Expression in Asia Adrienne Stone, Rishad Chowdhry and Martin Clark 10. The Right to Property in Asia Tom Allen 11. Equality in Asia Kate O’Regan and Madhav Khosla 12. Comparative Constitutional Law and Religion in Asia Ran Hirschl Index

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Book SynopsisConstitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.Trade Review‘The spate of constitution making around the world in recent decades has encouraged a wealth of academic writing. This useful book brings together some of the most well-known pieces, in addition to a selection from earlier times. The collection covers many of the issues that arise in the course of making a new constitution and canvasses experiences with constitution making in states in different regions of the world including the Americas, Europe, Africa, the Middle East and South Asia.’ -- Cheryl Saunders, Melbourne Law School, AustraliaTable of ContentsContents: Introduction Sujit Choudhry and Tom Ginsburg PART I THEORY A Interest, Reason and Passion 1. Jon Elster (1995), ‘Forces and Mechanisms in the Constitution-Making Process’, Duke Law Journal, 45, 364–96 2. Nathan J. Brown (2008), ‘Reason, Interest, Rationality, and Passion in Constitution Drafting’, Perspectives on Politics, 6 (4), December, 675–89 B Modalities of Drafting: Legislatures, Conventions, Constituent Assemblies and Roundtables 3. Jon Elster (2006), ‘Legislatures as Constituent Assemblies’, in Richard W. Bauman and Tsvi Kahana (eds), The Least Examined Branch: The Role of Legislatures in the Constitutional State, Part 3, Chapter 9, Cambridge, UK: Cambridge University Press, 181–97 4. Andrew Arato (2012), ‘Conventions, Constituent Assemblies, and Round Tables: Models, Principles and Elements of Democratic Constitution Making’, Global Constitutionalism, 1 (1), 173–200 5. Donald L. Horowitz (2002), ‘Constitutional Design: Proposals Versus Processes’, in Andrew Reynolds (ed.), The Architecture of Democracy: Constitutional Design, Conflict Management, and Democracy, Chapter 1, Oxford, UK: Oxford University Press, 15–36, references C Drafting and Constitutional Transitions? 6. Sujit Choudhry (2010), ‘After the Rights Revolution: Bills of Rights in the Postconflict State’, Annual Review of Law and Social Science, 6, 301–22 7. Yash Ghai and Guido Galli (2006), ‘Constitution-building Processes and Democratization: Lessons Learned’, in Democracy, Conflict and Human Security: Further Readings, Section 6, Stockholm, Sweden: International Institute for Democracy and Electoral Assistance, 232–49 8. Zachary Elkins, Tom Ginsburg and James Melton (2008), ‘Baghdad, Tokyo, Kabul . . . : Constitution Making in Occupied States’, William and Mary Law Review, 49, 1139–78 9. Gabriel L. Negretto (2012), ‘Replacing and Amending Constitutions: The Logic of Constitutional Change in Latin America’, Law and Society Review, 46 (4), December, 749–79 10. Hanna Lerner (2010), ‘Constitution-writing in Deeply Divided Societies: The Incrementalist Approach’, Nations and Nationalism, 16 (1), January, 68–88 D Participation and Expertise 11. Vivien Hart (2003), ‘Democratic Constitution Making’, United States Institute of Peace, Special Report 107, July, 1–12 12. Tom Ginsburg, Zachary Elkins and Justin Blount (2009), ‘Does the Process of Constitution-Making Matter?’, Annual Review of Law and Social Science, 5, 201–23 13. Yash Ghai (2005), ‘A Journey around Constitutions: Reflections on Contemporary Constitutions’, South African Law Journal, 122 (4), 804–31 PART II CASE STUDIES A Regional Accounts 14. David Landau (2013), ‘Constitution-Making Gone Wrong’, Alabama Law Review, 64 (5), 923–80 15. Jon Elster (1993), ‘Constitution-Making in Eastern Europe: Rebuilding the Boat in the Open Sea’, Public Administration, 71 (1/2), March, 169–217 B Country Experiences 16. Jack N. Rakove (1996), ‘The Politics of Constitution-Making’, in Original Meanings: Politics and Ideas in the Making of the Constitution, Chapter 4,New York, NY, USA: Alfred A. Knopf, Inc., 57–93, notes 17. Keith S. Rosenn (2010), ‘Conflict Resolution and Constitutionalism: The Making of the Brazilian Constitution of 1988’, in Laurel E. Miller and Louis Aucoin (eds), Framing the State in Times of Transition: Case Studies in Constitution Making, Chapter 16,Washington, DC, USA: United States Institute of Peace Press, 435–66 18. Nathan J. Brown (2013), ‘Tracking the “Arab Spring”: Egypt’s Failed Transition’, Journal of Democracy, 24 (4), October, 45–58 19. Carl J. Friedrich (1949), ‘Rebuilding the German Constitution, I’, American Political Science Review, XLIII (3), June, 461–82 20. Carl J. Friedrich (1949), ‘Rebuilding the German Constitution, II’, American Political Science Review, XLIII (4), August, 704–20 21. Granville Austin (1966), ‘The Constituent Assembly—Microcosm in Action’ and ‘Conclusion—Comments on a Successful Constitution’, in The Indian Constitution: Cornerstone of a Nation, Chapter 1 and Chapter 13, Oxford, UK: Clarendon Press, 1–25, 308–30, appendices, bibliography 22. Zaid Al-Ali (2014), ‘Creating a New Political Order’, in The Struggle for Iraq’s Future: How Corruption, Incompetence and Sectarianism have Undermined Democracy’, Chapter 3, New Haven, CT, London, UK: Yale University Press, 75–102, endnotes 23. Beate Sirota Gordon (1997), ‘The Equal Rights Clause’, in The Only Woman in the Room: A Memoir, Chapter 5, Tokyo, Japan, New York, NY, USA and London, UK: Kodansha International, 103–25 24. Christina Murray (2013), ‘Kenya’s 2010 Constitution’, Neue Folge Band Jahrbuch des öffentlichen Rechts, 61, 747–88 25. Hassen Ebrahim and Laurel E. Miller (2010), ‘Creating the Birth Certificate of a New South Africa: Constitution Making after Apartheid’, in Laurel E. Miller and Louis Aucoin (eds), Framing the State in Times of Transition: Case Studies in Constitution Making, Chapter 5, Washington, DC, USA: United States Institute of Peace Press, 111–57 26. Andrea Bonime-Blanc (2010), ‘Constitution Making and Democratization: The Spanish Paradigm’, in Laurel E. Miller and Louis Aucoin (eds),Framing the State in Times of Transition: Case Studies in Constitution Making, Chapter 15, Washington, DC, USA: United States Institute of Peace Press, 417–32 27. Devra C. Moehler (2006), ‘Participation and Support for the Constitution in Uganda’, Journal of Modern African Studies, 44 (2), June, 275–308 Index

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Book SynopsisEver since World War II, a new constitutional model has emerged worldwide that gives a pivotal role to judges. Against the New Constitutionalism challenges this reigning paradigm and develops a distinctively liberal defence of political constitutionalism. The author concludes that, in consolidated democracies, strong constitutional review cannot be justified and argues for the primacy of the legislature primarily on epistemic - as opposed to procedural - grounds.The author also considers whether the minimalist judicial review of Nordic countries is more in line with the best justification of the institution than the Commonwealth model that occupies a central place in contemporary constitutional scholarship. This book will be of great interest to students and scholars of constitutional law. It will also be of use to constitutional and political theorists, as well as comparative and public lawyers, looking for a solution to the issues surrounding constitutional review.Trade Review'Gyorfi's book has the rare virtue of combining a refreshing theoretical intervention to the old - but ongoing - debate about the legitimacy of judicial review of legislation with a critical examination of different institutional attempts to balance democracy and human rights. It is a must read for both constitutional theorists and comparative constitutional lawyers.' --Joel Colon-Rios, Victoria University of Wellington, New Zealand'The customary quality that one has come to expect of the products of Edward Elgar Publishers is evident in the handsome presentation of this work. . . This book is indeed a thought-provoking challenge of conventional thinking on judicial constitutional review.' --Potchefstroom Electronic Law JournalTable of ContentsContents: 1. The New Constitutionalism 2. Political Principles 3. From Principles to Institutions 4. Constitutional Interpretation 5. A Theory of Weak Judicial Review 6. Conclusion Index

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Book SynopsisThis Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook's perspectives make for a truly global and multi-dimensional view of the field.The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community.The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.Contributors: S. Battini, E. Benvenisti, F. Bignami, F. Cafaggi, L. Casini, S. Cassese, E. Chiti, P. Craig, E. D'Alterio, P. Dann, E. Dunlop, R.F.U. Hernandez, R. Howse, M. Infantino, M. Macchia, M.R. Madsen, B. Marchetti, C. Möllers, E. Morlino, M. Savino, R.B. Stewart, A. Vauchez, G. Vesperini, S. Villalpando, J. WoutersTrade Review'This Handbook is an essential introduction to a key component of legal globalization analysis. Global Administrative Law theory is a crucial complement to all existing international law approaches, flowing from the realization that the world is nowadays increasingly governed by bodies - and networks of bodies - that have an administrative rather than political role. The panel of contributors includes most of the issue's best experts, and they provide us with an indispensable intellectual background to enter into an analysis of what it is made of and how to subject it to the rule of law.' --Jean-Bernard Auby, The Paris Institute of Political Studies, FranceTable of ContentsContents: Introduction: The Development of Global Administrative Law Sabino Cassese with Elisa D’Alterio PART I GLOBAL ADMINISTRATIONS 1. The Expansion of the Material Scope of Global Law Lorenzo Casini 2. The Proliferation of Global Regulatory Regimes Stefano Battini 3. Managing International Civil Servants Santiago Villalpando 4. International Public Procurement Elisabetta Morlino 5. Constitutional Foundations of Global Administration Christoph Möllers PART II GLOBAL NETWORKING 1. Linkages Between Global Regimes and Interactions with Civil Society Mario Savino 2. Global Networks and Shared Administration Paul Craig PART III THE GLOBAL ADMINISTRATIVE PROCESS 1. Global Standards for National Societies Richard B Stewart 2. Government by Negotiation Jan Wouters 3. Transnational Private Regulation: Regulating Private Regulators Fabrizio Cafaggi 4. The Enforcement of Global Decisions Barbara Marchetti PART IV RULE OF LAW AND DEMOCRACY IN THE GLOBAL SPACE 1. The Rule of Law and Transparency in the Global Space Marco Macchia 2. Judicial Globalization: The Proliferation of International Courts Mikael Rask Madsen 3. Judicial Regulation in the Global Space Elisa D’Alterio 4. Theories of Civil Society and Global Administrative Law: The Case of the World Bank and International Development Francesca Bignami 5. Global Indicators Marta Infantino PART V REGIONAL AND GLOBAL GOVERNANCE 1. Europe and Global Law Giulio Vesperini 2. Global Administrative Law and the Global South René Fernando Urueña Hernandez 3. The Global Administrative Law of Development Cooperation Philipp Dann PART VI GLOBALIZATION AND SOVEREIGNTY 1. Bringing Global Law Home Edoardo Chiti 2. Globalization and Sovereignty: Global Threats and International Security Emma Dunlop 3. The Future of Sovereignty: The Nation State in the Global Governance Space Eyal Benvenisti 4. Governing the World Sabino Cassese PART VII THE GLOBAL LEGAL CULTURE 1. The Globalization Debate – A Mid-decade Perspective Robert Howse 2. The Disputed Field of Global Lawyering Antoine Vauchez 3. The Global Administrative Law Scholarship Lorenzo Casini Index

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Book SynopsisThis rigorous and comprehensive study sheds light on an underappreciated tool of legal regulation. Using a comparative perspective that seamlessly integrates jurisprudential and policy analysis, Ranchordás has made a major contribution to our understanding of the interaction of law and time.'- Tom Ginsburg, University of Chicago Law School, US'At what point does a legislature's delegation of 'experimental' regulatory power to the executive constitute an abdication of the legislature's essential role in a representative democracy? At what point does it violate such crucial principles as legal certainty, equal treatment, or proportionality? What are the implications for this kind of experimentalist governance 'beyond law'? These are just some of the questions that this important book seeks to answer. Using the German, Dutch and US experiences as her point of entry, Sofia Ranchordás has produced a deeply researched comparative study full of illuminating examples and rich insights into the phenomenon of sunset clauses and experimental legislation and regulation. Ranchordás's book will be a great resource to legal scholars, social scientists and historians who seek to understand the changing nature of the legislative function, as well as the crucial normative issues it raises.'- Peter L. Lindseth, University of Connecticut, School of Law, US'This book provides a comprehensive look at sunset clauses and experimental legislation. Thorough and well-researched, the book makes a valuable contribution to the study of these important and controversial, yet understudied, legislative instruments. The book should be of great interest to scholars, students and practitioners in the fields of legislation, regulation, public law and public policy.'- Ittai Bar-Siman-Tov, Bar-Ilan University Faculty of Law, IsraelThis innovative book explores the nature and function of 'sunset clauses' and experimental legislation, or temporary legislation that expires after a determined period of time, allowing legislators to test out new rules and regulations within a set time frame and on a small-scale basis. Sofia Ranchordás presents a thorough analysis of sunset clauses and experimental legislation from a comparative perspective, and offers a clear legal framework for their implementation.The author begins with a comprehensive history of sunset clauses and experimental legislation, along with a clear explanation of their characteristics and potential uses. She then analyzes the relationship between these legislative instruments and a number of fundamental legal principles, including legal certainty, equal treatment, proportionality and separation of powers. This thorough exploration of sunset clauses and experimental regulations places them within a broader legal context and makes a compelling case for their increased use.Scholars and students of comparative law, regulation and public policy will all find this book a fascinating and useful resource.Trade Review‘This is a superb publication and a wonderful contribution to? ?the literature. The book is thought-provoking and makes the reader reconsider the traditional perception of “permanent legislation compared? ?to a more dynamic, flexible, and evidence-based lawmaking.? ?The book is a must-have for anyone interested in legislation, and? ?would be of great interest to those interested in regulation, constitutional? ?law, comparative law, and legal theory. It will be useful not only? ?for academics, but also for legislators and regulators.’ -- American Journal of Comparative Law?‘This rigorous and comprehensive study sheds light on an underappreciated tool of legal regulation. Using a comparative perspective that seamlessly integrates jurisprudential and policy analysis, Ranchordás has made a major contribution to our understanding of the interaction of law and time.’ -- Tom Ginsburg, University of Chicago Law School, US‘At what point does a legislature's delegation of 'experimental' regulatory power to the executive constitute an abdication of the legislature's essential role in a representative democracy? At what point does it violate such crucial principles as legal certainty, equal treatment, or proportionality? What are the implications for this kind of experimentalist governance "beyond law"? These are just some of the questions that this important book seeks to answer. Using the German, Dutch and US experiences as her point of entry, Sofia Ranchordás has produced a deeply researched comparative study full of illuminating examples and rich insights into the phenomenon of sunset clauses and experimental legislation and regulation. Ranchordás's book will be a great resource to legal scholars, social scientists and historians who seek to understand the changing nature of the legislative function, as well as the crucial normative issues it raises.’ -- Peter L. Lindseth, University of Connecticut, School of Law, US‘This book provides a comprehensive look at sunset clauses and experimental legislation. Thorough and well-researched, the book makes a valuable contribution to the study of these important and controversial, yet understudied, legislative instruments. The book should be of great interest to scholars, students and practitioners in the fields of legislation, regulation, public law and public policy.’ -- Ittai Bar-Siman-Tov, Bar-Ilan University Faculty of Law, Israel‘For lawyers and for jurisprudents especially, this is a book to explore, savour, analyse and discuss. . . As a valid, effortful and carefully researched contribution to the study of jurisprudence, this book merits a place in the professional library of many a practitioner, especially those specializing in international law.’ -- The Barrister MagazineTable of ContentsContents: PART I INTRODUCING SUNSET CLAUSES AND EXPERIMENTAL LEGISLATION 1. Lawmaking in a Time of Change 2. The Past and Present of Sunset Clauses and Experimental Legislation 3. Separation of Powers, Delegation and a Legality Framework PART II LEGAL FRAMEWORK 4. The Principle of Legal Certainty 5. The Principle of Equal Treatment 6. The Principle of Proportionality PART III BEYOND THE LAW 7. Sunset Clauses and Experimental Legislation beyond the Law PART IV CONCLUSION Index

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Book SynopsisThis Handbook uses a thematic and interdisciplinary approach to discuss and analyse the various governance structures of the EU, focusing in particular on how these are administered. Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don't know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen 'voice' and access to policy making. Practical and engaging, this timely Research Handbook is sure to appeal to scholars and researchers of EU administrative law and EU law more broadly. Legal practitioners and EU policy makers will also benefit from its high level of engagement with contemporary deliberations.Contributors include: V. Abazi, M. Baran, T.A. Börzel, K. Bradley, A. Brenninkmeijer, E. Chiti, D. Curtin, H. Darbishire, M. de Visser, G. della Cananea, M. Everson, J. Grimheden, E. Guild, C. Harlow, E.G. Heidbreder, H. Hofmann, C. Joerges, M. Kjaerum, P. Leino, L. Leppavirta, I. Maher, J. Mendes, L. Muzi, N. Póltorak, T. Raunio, R. Rawlings, M. Ruffert, J.-P. Schneider, C. Scott, G. ToggenburgTrade Review'The science of ''European Administrative Law'' has reached a level of maturity which is reflected by the fact that it is no longer solely the subject of more or less theoretical, exploratory works: it now merits the development of handbooks. Carol Harlow, Paivi Leino-Sandberg and Giacinto della Cananea have gathered to make this book one of the most expert authorities in the field. The themes are very well chosen, covering what are certainly the most critical issues in the area. The same is true of the concepts mobilised, with those conveyed by regulatory theory being particularly welcome. This Handbook will no doubt be a valuable instrument for students and researchers working on the still new, but increasingly well-recognized, field of ''European Administrative Law''.' --Jean-Bernard Auby, Professor, Director of the Governance and Public Law Chair, Sciences Po Paris, France'The essence of EU governance is unavoidably administrative. We must thank Harlow, della Cananea and Leino for pulling together these contributions exploring the administrative dimension of EU law and politics with such expertise, range and insight. The authors do not shy away from uncomfortable topics, whether its creeping authoritarianism or the challenges of top-down oversight or bottom-up participation. In a system becoming arguably more diffuse, fragmented, technocratic, and juristocratic by the day, this Handbook will serve as an essential tool for anyone who wishes to understand the nature of the integration project at this pivotal moment in its history.' --Peter L. Lindseth, University of Connecticut, School of Law, US'Bold, fresh and impeccably researched, this invaluable book will allow the reader to understand the manifold sides of European Administrative Law, the most vital area of EU law. Leading scholars of this legal science, coordinated and edited by Carol Harlow, Giacinto della Cananea and Paivi Leino, have written twenty two essays on particularly relevant issues of European Administrative Law, achieving remarkable results. The book successfully combines long established topics, such as ''accountability and control'', with other areas not yet fully explored, including ''voice and citizenship'' and, controversially, ''resurgent authoritarianism''. The result is a formative Research Handbook, indispensable for students, scholars and European legal administrators. It provides new legal substance to the concept of ''European Administrative Space''.' --Mario P. Chiti, Emeritus Professor of Law, University of Florence and Jean Monnet Chair ad personam of European Administrative Law, LUISS University, ItalyTable of ContentsContents: Introduction: European Administrative Law: A Thematic Approach Carol Harlow, Giacinto della Cananea, Päivi Leino Part I Context and Theory 1. European Administration: Nature and Developments of a Legal and Political Space Herwig C.H. Hofmann 2. The European Administration: Imperium and Dominium Giacinto della Cananea 3. Remarks on the Language of Administrative Law Scholarship in the EU Matthias Ruffert Part II The Work of Administration 4. Information Exchange and its Problems Jens-Pieter Schneider 5. ‘Administering Human Rights’: The Experience of the EU’s Fundamental Rights Agency Jonas Grimheden, Morten Kjaerum and Gabriel Toggenburg 6. Administrative Law and the Common European Asylum System Elspeth Guild Part III Resurgent Authoritarianism 7. Between Constitutional Command and Technocratic Rule: Post Crisis Governance and the Treaty on Stability, Coordination and Governance (“The Fiscal Compact”) Michelle Everson and Christian Joerges 8. The European Union Security Exception: Beyond Control? Vigjilenca Abazi and Deirdre Curtin 9. Accountability Dilemmas of Regulating Financial Markets Through the European Supervisory Agencies Päivi Leino Part IV Accountability and Control 10. Enforcement and Compliance Tanya A. Börzel and Eva G. Heidbreder 11. Four Meta-doctrines of Regulatory Accountability in the European Union Colin Scott and Imelda Maher 12. The Scope of EU Courts’ Jurisdiction and Review of Administrative Decisions – The Problem of Intensity Control of Legality Mariusz Baran 13. Control and Scrutiny: Parliaments as Agents of Administrative Law Tapio Raunio 14. Audit and Administrative Law Alex Brennkinmeijer Part V Voice and Citizenship 15. Executive Rule-making: Procedures in Between Constitutional Principles and Institutional Entrenchment Joana Mendes 16. The Right to Ask…The Right to Know – The Successes and Failures in Access to Documents Rules and Practices from an NGO Perspective Liisa Leppävirta with Helen Darbishire 17. Judicial Review of EU Administrative Rules: to Lisbon and Beyond Kieran Bradley 18. Networking and Dialogue in the European Judicial Arena Maartje de Visser 19. Administrative Due Process of Law in the Light of the Jurisprudence of EU Courts: A Quantitative and Qualitative Analysis Laura Muzi 20. Complaints Systems and EU Governance - A New Look Richard Rawlings Part VI Impact and Outreach 21. Enlargement and Administrative Law: The Polish Experience Nina Póltorak 22. EU Administrative law in an International Perspective Edoardo Chiti Endpiece Carol Harlow, Giacinto della Cananea and Päivi Leino Index

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Book SynopsisThis edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms - or anti-constitutional practices - from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders.The book will be of particular interest to academics and graduate or post-graduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counterterrorism, and related questions of individual rights.Contributors: O. Bassok, D. Cole, K. Cooper, J. Daskal, E. de Wet, B. Dickson, A. Ejima, S. Ellmann, F. Fabbrini, L. Garlicki, J. Hafetz, V.J. Jackson, C.C. Murphy, M. Scheinin, K.L. Scheppele, A. Su, C. WalkerTrade ReviewJust as current terrorism threats permeate state borders, legal responses to them should as well. Bringing together and making a significant contribution to comparative constitutionalism, international law, and the anti-terrorism law, this book perfectly exemplifies the benefits of transmitting legal concepts and ideas across geographical and conceptual borders - between differing national systems, as well as in manners that open international law and constitutional law to one another. It is a wonderful source for studying and understanding anti-terrorism law, and at the same time an inspiration to those thinking about the tension between globalized and contextualized law. --Daphne Barak-Erez, Justice of the Supreme Court of IsraelSince September 2001, international terrorism has been the major challenge to the traditional understanding of modern constitutionalism, based on state territorial institutions. The outstanding contributions collected by Fabbrini and Jackson address this challenge under many respects and in many different fields; yet, they all confront a common concern: how to accommodate the basic constitutional guarantees such as human rights, rule of law and due process to actions that overcome territorial borders? In the twenty-first century, security implies control over people, finance and data that move quickly across the borders. Antiterrorism legislation requires a multi-directional cooperation of actors at the transnational level, including regional and international organizations. The book explores this multifaceted branch of law and offers a rich plurality of reading of the major legal responses to one of the most relevant social, political and legal difficulties of our time. --Marta Cartabia, Vice President of the Constitutional Court, ItalyNo one nation is equipped to combat terrorism. The problem transcends borders and the traditional demarcation of the state. This presents a challenge to constitutional norms and national legal structures. This book represents an insightful and engaging response. It contains a stellar cast of authors who dissect and analyze these issues in a series of illuminating contributions. --George Williams, Scientia Professor, University of New South Wales, AustraliaTable of ContentsContents: 1. Introduction Federico Fabbrini and Vicki C. Jackson PART I INTERNATIONAL CONSTITUTIONALISM AND ANTI-TERRORISM FINANCE MEASURES 2. United Nations Law: Substantive Constitutionalism through Human Rights Versus Formal Hierarchy through Article 103 of the Charter Martin Scheinin 3. (Implicit) Judicial Favouring of Human Rights Over United Nations Security Council Sanctions: A Manifestation of International Constitutionalism? Erika de Wet 4. Heroic or Hapless? The Legal Reforms of Counter-Terrorism Financial Sanctions Regimes in the European Union Karen Cooper and Clive Walker 5. The Dynamics of Transnational Counter-terrorism law: Towards a Methodology, Map and Critique Cian C. Murphy PART II COUNTER-TERRORISM, AND CONSTITUTIONAL MIGRATIONS 6. Translating Rights across Centuries: U.S. Constitutional Protection against Unreasonable Searches and Seizures in a Transnational Era Vicki C. Jackson 7. Japanese Efforts to have a Secrecy Law and a 'National Security Council' A Runner Who Is One Lap Behind? or Good Things Come to Those Who Wait? Akiko Ejima 8. The Deep Dilemma of Evidence in the Global Anti-Terror Campaign Kim Lane Scheppele 9. Reciprocal Privacy: Towards a Transatlantic Agreement David Cole and Federico Fabbrini PART III EXTRATERRITORIALITY, DETENTION AND FREE SPEECH 10. Transnational Seizures: The Constitution and Criminal Procedure Abroad Jennifer Daskal 11. The Extra-territorial Obligations of European States regarding Human Rights in the Context of Terrorism Brice Dickson 12. Detention at Sea: The Persistence of Territorial Constraints on Constitutional Rights Jonathan Hafetz 13. The Extraterritorial First Amendment Anna Su PART IV INTERNATIONAL CRIMINAL LAW, INTERNATIONAL HUMANITARIAN LAW, AND TERRORISM 14. Missing in Action: the Human Eye Or Bassok 15. Unraveling the Law of War Stephen Ellmann 16. Conclusion Lech Garlicki Index

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Book Synopsis'This collection is a timely survey of the role of constitutional courts in comparative perspective - it provides an excellent summary of developments in a range of jurisdictions, and locates them in a broader social and political context. Among other factors, it considers global trends toward increasing international and regional human rights protection, increased recognition of second and third generation rights, and trends toward decentralization in democratic governance. It is bound to be of broad interest to both comparative constitutional lawyers and scholars.'- Rosalind Dixon, University of New South Wales, AustraliaConstitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review.These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions.This multi-jurisdictional study will appeal to members of the judiciary, policy-makers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.Contributors: J. Bell, E. Carolan, C. Chandrachud, A. Kavanagh, C. Kelly, J. Lavapuro, T. Ojanen, M.-L. Paris, P. Passaglia, A.R. Robledo, M. Rosenfeld, M. Scheinin, J. Stellios, R. Uitz, M. Verdussen, M. ZagorTrade Review'This collection provides a fresh picture of the situation of constitutional review in a broad set of jurisdictions. The chapters demonstrate powerful shifts toward a model of constitutional review to protect individual rights, but they also quite admirably elaborate on the tensions, divergences, pressures and triumphs in each country. A superb introduction to judicial review in an important set of countries.' --Tom Ginsburg, University of Chicago'Even well-established systems of constitutional review in Anglo-European legal systems have undergone significant change over the past few decades. These valuable essays provide an overview of those developments, and bring out especially clearly the increasing importance of ''dialogic'' forms of constitutional review, the penetration of transnational law into domestic constitutional systems, and important changes specific to individual national systems, all of which will make this collection helpful to scholars of comparative constitutional law.' --Mark Tushnet, Harvard University'Bell and Paris have brought together a galaxy of talent to help comparative lawyers and political scientists understand the fast moving world of rights-based review. Detailed chapters explaining recent developments in Ireland, the United Kingdom, Italy, Spain, Hungary, Belgium, France, Australia, Finland, and the United States provide a valuable introduction to those who seek to catch-up with developments, and a rich analysis of those developments for those already immersed in them. This is a most welcome addition to comparative constitutional scholarship.' --Christopher McCrudden FBA, Queen's University, Belfast, UK and University of Michigan Law SchoolTable of ContentsContents: Preface Setting the Scene: Elements of Constitutional Theory and Methodology of the Research Marie-Luce Paris PART I BILLS OF RIGHTS AND ACTS OF INCORPORATION: US EXCEPTIONALISM AND ADAPTATION OF THE PARLIAMENTARY MODEL 1. The United States of America: A Comparativist Critique of US Judicial Review of Fundamental Rights Cases: Exceptionalisms, Paradoxes and Contradictions Michel Rosenfeld 2. The United Kingdom: Rights-based Constitutional Review in the UK: From Form to Function Chintan Chandrachud and Aileen Kavanagh 3. Ireland: Leaving Behind the Commonwealth Model of Rights Review: Ireland as an Example of Collaborative Constitutionalism Eoin Carolan A Tale of Two Rights-based Reviews or how the European Convention on Human Rights Act 2003 has Impacted on the Irish Model of Review Cliona Kelly 4. Australia: Australian Constitutionalism and the UK-style Dialogue Model of Human Rights Protection James Stellios Adventures in the Grey Zone: Constitutionalism, Rights and the Review of Executive Power in the Migration Context Matthew Zagor 5. Finland: Intermediate Constitutional Review in Finland: Promising in Theory, Problematic in Practice Juha Lavapuro, Tuomas Ojanen and Martin Scheinin PART II CONSTITUTIONAL COURTS AND CONSTITUTIONAL REFORMS: SPECIFIC EUROPEAN EXPERIENCES TOWARDS AN EVOLUTION OF THE KELSENIAN MODEL 6. Italy: The Italian System of Constitutional Review: A Kelsenian Model Moving Towards a Decentralized Model? Paolo Passaglia 7. Spain: The Spanish Experience of Rights-based Review or how Constitutional Case Law has been More Principled than Legislation in Defence of Fundamental Rights Agustín Ruiz Robledo 8. France: The French System of Rights-based Review: From Exceptionalism to Parochial Constitutionalism Marie-Luce Paris 9. Belgium: The Belgian Experience of Rights-based Review: Has the Constitutional Court Become a Body Subordinated to the European Court of Human Rights? Marc Verdussen 10. Hungary: The Illusion of a Constitution in Europe: The Hungarian Constitutional Court after the Fifth Amendment of the Fundamental Law Renáta Uitz PART III CONCLUSION 11. Comparative Law and Fundamental Rights John Bell Index

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Book SynopsisThis book is a 'must read' for legal practitioners and legal academics involved in the complicated procedural relationship between national law and European law. In principle, nations have procedural autonomy; however, European legislation has an impact on national procedures, an impact that is much greater than one would expect. Whether in practice or conducting research, one can no longer restrict oneself to national procedural law. In the areas of law covered in his book-public procurement, intellectual property, consumer protection and competition-Wilman conclusively shows that it is European law that sets out the main procedures to be followed by national courts and national legislators. To some, this may be frightening; to others, it creates new opportunities. All in all, this work is compulsory reading for anyone wishing an in-depth understanding of the enforcement of EU law in local courts.'- Jan M. Hebly, Houthoff Buruma, the Netherlands'This book offers a splendid, comprehensive overview of the ways in which private enforcement can help to reinforce the rule of law in the European Union. The lessons which the author draws from his analysis are certainly of interest to practitioners and scholars of European law. But there is a wider interest as well: while keeping in mind obvious differences, the experiences with EU law can also stimulate our thinking about where private claims and domestic courts could play a larger role in the enforcement of international economic law.'- Marco Bronckers, Partner, VVGB Advocaten, Belgium'The so-called 'private enforcement' of EU law before national courts is an area of growing importance. The book offers an excellent framework of the relevant legislation, remedies and case law. As such it is of great interest to both practitioners, whether they advise or litigate, and academics seeking a deeper understanding of private enforcement-related instruments.'- Tom Ottervanger, Advocaat, Allen & Overy LLP, the NetherlandsPrivate Enforcement of EU Law before National Courts provides an in-depth analysis of how, when, and why the EU legislates to facilitate the private enforcement of EU law before the courts of Member States.Conducting a detailed examination of the legal basis and prospects for private enforcement in the fields of public procurement, intellectual property law, consumer protection, and competition law, Folkert Wilman discusses not only the EU rules on remedies and procedures typically adopted, but also many broader issues arising such as: the EU's scope to act and the autonomy of the Member State, the legal and practical limits, and implications, of the EU's private enforcement model, as well as the fundamental rights dimension.The thorough and practical treatment of private enforcement mechanisms makes this book an essential reference work for practising lawyers advising or acting before domestic courts in matters of EU law. Scholars will also be attracted by the questions it raises, and answers, relating to the relationship of the EU to Member States.Key features of the book include:- Expert authorship from a Member of the Legal Service of the European Commission- Comprehensive assessment of EU legislation on the private enforcement of EU law before national courts - Detailed examination of the legal basis for private enforcement at a general level, followed by consideration of its application across several substantive fields- Extensive discussion of the scope for the EU to act vis-à-vis the autonomy of the Member State- One of the first in-depth analyses of the recently adopted and widely debated Competition Damages Directive (No. 2014/104)- Exposition of key case law relating to private enforcement and the remedies available to private parties.Trade Review‘This book is a "must read" for legal practitioners and legal academics involved in the complicated procedural relationship between national law and European law. In principle, nations have procedural autonomy; however, European legislation has an impact on national procedures, an impact that is much greater than one would expect. Whether in practice or conducting research, one can no longer restrict oneself to national procedural law. In the areas of law covered in his book—public procurement, intellectual property, consumer protection and competition—Wilman conclusively shows that it is European law that sets out the main procedures to be followed by national courts and national legislators. To some, this may be frightening; to others, it creates new opportunities. All in all, this work is compulsory reading for anyone wishing an in-depth understanding of the enforcement of EU law in local courts.’ -- Jan M. Hebly, Houthoff Buruma, the Netherlands‘Wilman has produced a fundamental and important oeuvre, thoroughly discussing the pros and cons of private enforcement. His book is well structured, its argument is well founded and clear. His research will be an important foundation for the future development and evolution of private enforcement in EU law.’ -- Common Market Law Review‘This book offers a splendid, comprehensive overview of the ways in which private enforcement can help to reinforce the rule of law in the European Union. The lessons which the author draws from his analysis are certainly of interest to practitioners and scholars of European law. But there is a wider interest as well: while keeping in mind obvious differences, the experiences with EU law can also stimulate our thinking about where private claims and domestic courts could play a larger role in the enforcement of international economic law.’ -- Marco Bronckers, Partner, VVGB Advocaten, Belgium‘The so-called “private enforcement” of EU law before national courts is an area of growing importance. The book offers an excellent framework of the relevant legislation, remedies and case law. As such it is of great interest to both practitioners, whether they advise or litigate, and academics seeking a deeper understanding of private enforcement-related instruments.’ -- Tom Ottervanger, Advocaat, Allen & Overy LLP, the Netherlands‘By employing examples from different areas of law, this book engages in a very rich discussion on different remedies and procedures in EU law. . . the book offers a substantiated and illuminating analysis as to how, when and why EU legislation facilitates private enforcement of EU law. The book’s main strength lies in its comprehensive approach of a very complex subject matter and will no doubt be of interest to academics, policy makers and practitioners working in this field.’ -- World CompetitionTable of ContentsContents: Part I Introduction and Background 1. Introduction 2. Key Principles, Public Enforcement and Case Law Part II Selected EU Legislation 3. Public Procurement Law 4. Intellectual Property Law 5. Consumer Protection Law 6. Competition Law PART III Comparison and Contextualisation: Remedies and Procedures 7. Actions for Damages and Actions for Injunctions 8. Contractual and Other Remedies 9. Procedural Issues PART IV Broader Aspects, Perspectives and Conclusions 10. The How, When and Why of EU Law on Private Enforcement 11. Two Perspectives on Private Enforcement 12. Summary and Conclusions Bibliography Index

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Book SynopsisA comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This research handbook s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts - spearheaded by the first edition - to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.A particular focus is on administrative independence with its manifold implications for separation of powers, democratic self-government, and the boundary between law, politics, and policy. Several chapters highlight the tensions between impartial expertise and public accountability; others consider administrative litigation and the role of the courts in reviewing both individual decisions and secondary norms. The book concludes by asking how administrative law is shaping and is being shaped by the changing boundaries of the state, especially shifting boundaries between the public and the private, and the national and the supranational domains.This extensive and interdisciplinary appraisal of the field will be a vital resource for scholars and students of administrative and comparative law worldwide, and for public officials and representatives of interest groups engaged with government policy implementation and regulation. Contributors: B. Ackerman, A. Alemanno, M. Asimow, J.-B. Auby, D. Barek-Erez, J. Barnes, P. Cane, P. Craig, D. Custos, M. D'Alberti, L.A. Dickinson, C. Donnelly, Y. Dotan, B. Emerson, T. Ginsburg, D. Halberstam, H.C.H. Hofmann, G.B. Hola, C.-Y. Huang, N. Kadomatsu, K. Kovács, P. Lindseth, M.E. Magill, J. Mashaw, J. Massot, J. Mathews, J. Mendes, G. Napolitano, D.R. Ortiz, T. Perroud, M.M. Prado, A. Psygkas, V.V. Ramraj, D.R. Reiss, S. Rose-Ackerman, M. Ruffert, J. Saurer, K.L. Scheppele, J.-P. Schneider, M. Shapiro, B. Sordi, L. Sossin, P. Strauss, A.K. Thiruvengadam, A. Vosskuhle, J.B. Wiener, T. Wischmeyer, J.-r. YehTrade Review‘Overall, this edited collection is an incredibly important stepping stone to framing administrative comparative law as a distinct field of research. It is a very welcomed addition to the bookshelves of any comparative administrative lawyer, as well as for many domestic lawyers who will find stimulating challenges directed toward what they take for granted about their own administrative law system. The high quality of the range of issues discussed in this volume will no doubt provide first-class “food for thought” for the comparative administrative law community and trigger cutting edge research projects in comparative administrative law for years to come.’ -- – Yseult Marique, Review of European Administrative LawTable of ContentsContents: Introduction Susan Rose-Ackerman, Peter Lindseth, and Blake Emerson PART I CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW: TRADITIONS AND TRANSFORMATIONS 1. Révolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence and Development of Administrative Law Bernardo Sordi 2. Good-bye, Montesquieu Bruce Ackerman 3. Politics and Agencies in the Administrative State: the US Case Peter L. Strauss 4. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law Tom Ginsburg 5. Comparative Positive Political Theory and Empirics M. Elizabeth Magill and Daniel R. Ortiz 6. The ‘Neue Verwaltungsrechtswissenschaft’ against the Backdrop of Traditional Administrative Law Scholarship in Germany Andreas Voßkuhle and Thomas Wischmeyer 7. Transformations of Administrative Law: Italy from a Comparative Perspective Marco D’Alberti 8. Hungary’s Post-Socialist Administrative Law Regimes Krisztina Kovács and Kim Lane Scheppele PART II Administrative Independence 9. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies Daniel Halberstam 10. The Puzzle of Independence and Parliamentary Democracy in the Common Law World: A Canadian Perspective Lorne Sossin 11. Assessing the Theory of Presidential Dominance: Empirical Evidence of the Relationship between the Executive Branch and Regulatory Agencies in Brazil Mariana Mota Prado 12. Experimenting with Independent Commissions in a New Democracy with a Civil Law Tradition: The Case of Taiwan Jiunn-rong Yeh 13. Flag-Bearers of a New Era? The Evolution of New Regulatory Institutions in India (1991-2016) Arun Kumar Thiruvengadam 14. A Comparison of US and European Independent Commissions Martin Shapiro PART III TRANSPARENCY, PROCEDURE, AND POLICY-MAKING 15. Citizens and Technocrats: An Essay on Trust, Public Participation, and Government Legitimacy Susan Rose-Ackerman 16. The Rise of Reason Giving in American Administrative Law Jerry Mashaw 17. The 2015 French Code of Administrative Procedure: An Assessment Dominique Custos 18. Three Generations of Administrative Procedures Javier Barnes 19. Administrative Agencies as Creators of Administrative Law Norms: Evidence from the UK, France and Sweden Dorit Rubinstein Reiss 20. Comparing Regulatory Oversight Bodies: The US Office of Information and Regulatory Affairs and the EU Regulatory Scrutiny Board Jonathan B. Wiener and Alberto Alemanno 21. Looking for Smarter Government (and Administrative Law) in the Age of Uncertainty Giulio Napolitano 22. Participation and Expertise: Judicial Attitudes in Comparative Perspective Catherine Donnelly PART IV ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW 23. Judicial Review of Questions of Law: A Comparative Perspective Paul Craig 24. Proportionality Review in Administrative Law Jud Mathews 25. Voidness and Voidability of Unilateral Administrative Acts in the Western Tradition Gabriel Bocksang Hola 26. The Powers and Duties of the French Administrative Law Judge Jean Massot 27. Judicial Review of Agency Action in the US and Israel: The Choice Between Open and Closed Review Michael Asimow and Yoav Dotan 28. The ‘Double Helix’ of Process and Substance Review before the UK Competition Appeal Tribunal: A Model Case or a Cautionary Tale for Specialist Courts? Athanasios Psygkas 29. Judicial Deference to Agency’s Discretion in New Democracies: Observations on Constitutional Decisions in Poland, Taiwan, and South Africa Cheng-Yi Huang 30. Legal Management of Urban Space in Japan and the Role of the Judiciary Narufumi Kadomatsu 31. The Courts and Public Space: France, the UK and the US in Historical Perspective Thomas Perroud PART V ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATE A. PUBLIC AND PRIVATE 32. Three Questions of Privatization Daphne Barek-Erez 33. Contracting Out and ‘Public Values’: A Theoretical and Comparative Approach Jean-Bernard Auby 34. Organizational Structure and Culture in an Era of Privatization: The Case of United States Military and Security Contractors Laura A. Dickinson 35. Transnational Non-State Regulation and Domestic Administrative Law Victor V. Ramraj B. ADMINISTRATIVE LAW BEYOND THE STATE: THE CASE OF THE EU 36. A Framework for Historical Comparison of Control of National, Supranational and Transnational Public Power Peter Cane 37. EU Agencies 2.0: The New Constitution of Supranational Administration beyond the EU Commission Johannes Saurer 38. Administrative Discretion in the EU: Comparative Perspectives Joana Mendes 39. Administrative Law Reform in the European Union: the ReNEUAL Project and its Basis in Comparative Legal Studies Herwig C.H. Hofmann and Jens-Peter Schneider 40. The Constitutional Basis of EU Administrative Law Matthias Ruffert 41. What’s in a Label? The EU as “Administrative” and “Constitutional” Peter L. Lindseth Index

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Book SynopsisA comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This research handbook s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts - spearheaded by the first edition - to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.A particular focus is on administrative independence with its manifold implications for separation of powers, democratic self-government, and the boundary between law, politics, and policy. Several chapters highlight the tensions between impartial expertise and public accountability; others consider administrative litigation and the role of the courts in reviewing both individual decisions and secondary norms. The book concludes by asking how administrative law is shaping and is being shaped by the changing boundaries of the state, especially shifting boundaries between the public and the private, and the national and the supranational domains.This extensive and interdisciplinary appraisal of the field will be a vital resource for scholars and students of administrative and comparative law worldwide, and for public officials and representatives of interest groups engaged with government policy implementation and regulation. Contributors: B. Ackerman, A. Alemanno, M. Asimow, J.-B. Auby, D. Barek-Erez, J. Barnes, P. Cane, P. Craig, D. Custos, M. D'Alberti, L.A. Dickinson, C. Donnelly, Y. Dotan, B. Emerson, T. Ginsburg, D. Halberstam, H.C.H. Hofmann, G.B. Hola, C.-Y. Huang, N. Kadomatsu, K. Kovács, P. Lindseth, M.E. Magill, J. Mashaw, J. Massot, J. Mathews, J. Mendes, G. Napolitano, D.R. Ortiz, T. Perroud, M.M. Prado, A. Psygkas, V.V. Ramraj, D.R. Reiss, S. Rose-Ackerman, M. Ruffert, J. Saurer, K.L. Scheppele, J.-P. Schneider, M. Shapiro, B. Sordi, L. Sossin, P. Strauss, A.K. Thiruvengadam, A. Vosskuhle, J.B. Wiener, T. Wischmeyer, J.-r. YehTrade Review‘Overall, this edited collection is an incredibly important stepping stone to framing administrative comparative law as a distinct field of research. It is a very welcomed addition to the bookshelves of any comparative administrative lawyer, as well as for many domestic lawyers who will find stimulating challenges directed toward what they take for granted about their own administrative law system. The high quality of the range of issues discussed in this volume will no doubt provide first-class “food for thought” for the comparative administrative law community and trigger cutting edge research projects in comparative administrative law for years to come.’ -- – Yseult Marique, Review of European Administrative LawTable of ContentsContents: Introduction Susan Rose-Ackerman, Peter Lindseth, and Blake Emerson PART I CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW: TRADITIONS AND TRANSFORMATIONS 1. Révolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence and Development of Administrative Law Bernardo Sordi 2. Good-bye, Montesquieu Bruce Ackerman 3. Politics and Agencies in the Administrative State: the US Case Peter L. Strauss 4. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law Tom Ginsburg 5. Comparative Positive Political Theory and Empirics M. Elizabeth Magill and Daniel R. Ortiz 6. The ‘Neue Verwaltungsrechtswissenschaft’ against the Backdrop of Traditional Administrative Law Scholarship in Germany Andreas Voßkuhle and Thomas Wischmeyer 7. Transformations of Administrative Law: Italy from a Comparative Perspective Marco D’Alberti 8. Hungary’s Post-Socialist Administrative Law Regimes Krisztina Kovács and Kim Lane Scheppele PART II Administrative Independence 9. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies Daniel Halberstam 10. The Puzzle of Independence and Parliamentary Democracy in the Common Law World: A Canadian Perspective Lorne Sossin 11. Assessing the Theory of Presidential Dominance: Empirical Evidence of the Relationship between the Executive Branch and Regulatory Agencies in Brazil Mariana Mota Prado 12. Experimenting with Independent Commissions in a New Democracy with a Civil Law Tradition: The Case of Taiwan Jiunn-rong Yeh 13. Flag-Bearers of a New Era? The Evolution of New Regulatory Institutions in India (1991-2016) Arun Kumar Thiruvengadam 14. A Comparison of US and European Independent Commissions Martin Shapiro PART III TRANSPARENCY, PROCEDURE, AND POLICY-MAKING 15. Citizens and Technocrats: An Essay on Trust, Public Participation, and Government Legitimacy Susan Rose-Ackerman 16. The Rise of Reason Giving in American Administrative Law Jerry Mashaw 17. The 2015 French Code of Administrative Procedure: An Assessment Dominique Custos 18. Three Generations of Administrative Procedures Javier Barnes 19. Administrative Agencies as Creators of Administrative Law Norms: Evidence from the UK, France and Sweden Dorit Rubinstein Reiss 20. Comparing Regulatory Oversight Bodies: The US Office of Information and Regulatory Affairs and the EU Regulatory Scrutiny Board Jonathan B. Wiener and Alberto Alemanno 21. Looking for Smarter Government (and Administrative Law) in the Age of Uncertainty Giulio Napolitano 22. Participation and Expertise: Judicial Attitudes in Comparative Perspective Catherine Donnelly PART IV ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW 23. Judicial Review of Questions of Law: A Comparative Perspective Paul Craig 24. Proportionality Review in Administrative Law Jud Mathews 25. Voidness and Voidability of Unilateral Administrative Acts in the Western Tradition Gabriel Bocksang Hola 26. The Powers and Duties of the French Administrative Law Judge Jean Massot 27. Judicial Review of Agency Action in the US and Israel: The Choice Between Open and Closed Review Michael Asimow and Yoav Dotan 28. The ‘Double Helix’ of Process and Substance Review before the UK Competition Appeal Tribunal: A Model Case or a Cautionary Tale for Specialist Courts? Athanasios Psygkas 29. Judicial Deference to Agency’s Discretion in New Democracies: Observations on Constitutional Decisions in Poland, Taiwan, and South Africa Cheng-Yi Huang 30. Legal Management of Urban Space in Japan and the Role of the Judiciary Narufumi Kadomatsu 31. The Courts and Public Space: France, the UK and the US in Historical Perspective Thomas Perroud PART V ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATE A. PUBLIC AND PRIVATE 32. Three Questions of Privatization Daphne Barek-Erez 33. Contracting Out and ‘Public Values’: A Theoretical and Comparative Approach Jean-Bernard Auby 34. Organizational Structure and Culture in an Era of Privatization: The Case of United States Military and Security Contractors Laura A. Dickinson 35. Transnational Non-State Regulation and Domestic Administrative Law Victor V. Ramraj B. ADMINISTRATIVE LAW BEYOND THE STATE: THE CASE OF THE EU 36. A Framework for Historical Comparison of Control of National, Supranational and Transnational Public Power Peter Cane 37. EU Agencies 2.0: The New Constitution of Supranational Administration beyond the EU Commission Johannes Saurer 38. Administrative Discretion in the EU: Comparative Perspectives Joana Mendes 39. Administrative Law Reform in the European Union: the ReNEUAL Project and its Basis in Comparative Legal Studies Herwig C.H. Hofmann and Jens-Peter Schneider 40. The Constitutional Basis of EU Administrative Law Matthias Ruffert 41. What’s in a Label? The EU as “Administrative” and “Constitutional” Peter L. Lindseth Index

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Book SynopsisThe EU is faced with the perpetual challenge of guaranteeing effective enforcement of its law and policies. This book brings together leading EU scholars in law, politics and regulation, to explore the wealth of new legal and regulatory strategies, practices, and actors that are emerging to complement the classic avenues of central and decentralised enforcement. The contributors evaluate the traditional 'dual vigilance' framework of enforcement before examining network(ed) enforcement from theoretical, empirical and legal perspectives. They assess innovations in key EU policy fields such as the environment, consumer protection, competition, freedom, security and justice, and economic governance. This multi-disciplinary book will be of use to students and academics in law, political science, regulation and public policy. It will also interest policy makers in EU institutions, national administrations and courts engaged in the implementation and enforcement of EU law and policy.Contributors: E. Baker, P. Cortés, S. Drake, M. Eliantonio, M. Hobolth, M. Lottini, D.S. Martinsen, R. Murphy, C. Petrucci, J. Polak, M. Smith, J. Van der Heijden, E. VersluisTrade ReviewA welcome addition to scholarship on the enforcement of EU Law, the Drake and Smith edited collection brings three interrelated approaches to bear on the pressing and familiar challenge of effective enforcement: regulation, networked governance and innovations in enforcement in traditional and new fields of EU competence. In doing so, it requires EU law scholars to reconsider what is meant by enforcement and, through its engagement with political science, brings this important legal question to a wider EU Studies audience. --Imelda Maher MRIA, University College Dublin, IrelandNew Directions in the Effective Enforcement of EU Law and Policy is an important book on an important topic. Demonstrating a deep commitment to interdisciplinary work, not least among lawyers and political scientists, it casts fresh light on what are increasingly creative strategies for achieving effective enforcement in the fragmented and fluid system of EU governance. At the heart of this is a clear understanding of the different roles and perspectives of multiple actors, not just the European Commission. --Richard Rawlings, University College London, UKTable of ContentsContents: Preface Introduction by Melanie Smith and Sara Drake 1. More Effective Private Enforcement of EU Law Post-Lisbon: Aligning Regulatory Goals and Constitutional Values Sara Drake 2. The Visible, the Invisible and the Impenetrable: Innovations or Rebranding in Centralised Enforcement of EU Law? Melanie Smith 3. The Long, But Promising, Road from Deterrence to Networked Enforcement Jeroen Van Der Heijden 4. The Virtues of Interdependence and Informality: An Analysis of the Role of Transnational Networks in the Implementation of EU Directives Josine Polak and Esther Versluis 5. The SOLVIT Network and the Effective Enforcement of EU Law. What is New? Micaela Lottini 6. The Effectiveness of Transgovernmental Networks: Managing the Practical Application of European Integration in the Case of SOLVIT Dorte Sindbjerg Martinsen and Mogens Hobolth 7. Enforcing EU Environmental Policy Effectively: International Influences, Current Barriers and Possible Solutions Mariolina Eliantonio 8. Enforcing EU Consumer Policy More Effectively: A Three-Pronged Approach Pablo Cortés 9. Effective Private Enforcement of EU Competition Law: An Input and Output Legitimacy Analysis of Collective Redress Carlo Petrucci 10. A Case of "Nested Enforcement": Article 83 (2) TFEU, Compliance and the Area of Freedom, Security and Justice Post-Lisbon Estella Baker 11. The Effective Enforcement of Economic Governance in the European Union: Brave New World or a False Dawn? Ryan Murphy Conclusions by Melanie Smith and Sara Drake Index

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Book SynopsisApproaching the concept of Islamic constitutionalism from a comparative perspective, this thought-provoking study by Antoni Abat i Ninet and Mark Tushnet uses traditional Western political theory as a lens to develop a framework for analyzing the events known as the 'Arab Spring'.Writing with clarity and insight, the authors place Western and Arabic traditions into a constructive dialogue. They focus on whether we can develop a 'theory of revolutions' that helps us understand events occurring at divergent times at geographically separate locations. This question is meticulously analyzed through the detailed examination of specific developments relevant to the ideas of revolution and constitutionalism in several nations affected by the Arab Spring. Case studies focus on Morocco and Libya as examples of unsuccessful revolutions, as well as Tunisia and Egypt. These lead the authors to consider the nature of constitutionalism itself and the concept of illiberal but non-authoritarian constitutions: a particularly pressing concern given the prominent contemporary discussions of the role of shari'a in post-Arab Spring constitutions.The Arab Spring will offer new insights to scholars, researchers and students of law and the political sciences, in particular those focusing on theories of revolution, democracy, constitutional law, Islamic constitutionalism and legal theory.Trade Review'This interesting work offers an informed and timely analysis of the revolutions and constitutional movements in North Africa and the Middle East from 2010. Four sets of very different experiences receive treatment in depth: in Morocco, Libya, Tunisia and Egypt. The book's explicit aim of placing Western and Arabic traditions in 'constructive dialogue' is particularly welcome.' --Cheryl Saunders, Melbourne Law School, AustraliaTable of ContentsContents: Introduction 1. Revolutions in the Middle East and Northern Africa 2. Islamic Constitutionalism and the Arab Spring 3. Unsuccessful Revolutions within the Arab Spring Wave: The Cases of Morocco and Libya 4. The Case of Tunisia 5. The Case of Egypt Bibliography Index

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