Constitutional and administrative law: general Books

Book SynopsisA timely and immensely scholarly work to explain how present doctrines of secularism could be infused, enriched by the notion of objective constitutionalism. The author's wide-ranging comparative research and his understanding of religious systems, as well as constitutions, judicial precedent and international law instruments, are most impressive. This is a work that deserves serious worldwide study and attention by academics, students, religious leaders and governments.'- Marinus Wiechers, Former Principal, University of South Africa'Constitutional arrangements relating to the relationship between religion and the law have over the years reflected a rich variety, ranging from the separation of religion and the law to the identity of religion and the law. Constitutionalism and Religion records the rich varieties of constitutional arrangements of religion in many countries of the world and in respect of a great variety of pragmatic features of our day-to-day lives, such as education, labour relations and the display of religious symbols.'- Johan D. van der Vyver, Emory University School of Law, US'Francois Venter's study of Constitutionalism and Religion is a major contribution to the understanding of church-state relations in the modern age. This global comparative exploration of how governments need to engage with twenty-first century religious pluralism is refracted through the prism of the author's informed critique of the challenges faced in post-apartheid South Africa. This book is a handy road map when travelling through potentially hostile territory.'- Mark Hill QC, University of Pretoria, South AfricaThis topical book examines how the goals of constitutionalism - good and fair government - are addressed at a time when the multi-religious composition of countries' populations has never before been so pronounced. How should governments, courts and officials deal with this diversity? The widely accepted principle of treating others as you wish them to treat you and the universal recognition of human dignity speak against preferential treatment of any religion. Faced with severe challenges, this leads many authorities to seek refuge in secular neutrality. Set against the backdrop of globalized constitutionalism in a post-secular era, Francois Venter proposes engaged objectivity as an alternative to unachievable neutrality.Bringing together the history of church and state, the emergence of contemporary constitutionalism, constitutional comparison and the realities of globalization, this book offers a fresh perspective on the direction in which solutions to difficulties brought about by religious pluralism might be sought. Its wide-ranging comparative analyses and perspectives based on materials published in various languages provide a clear exposition of the range of religious issues with which the contemporary state is increasingly being confronted.Providing a compact but thorough historical and theoretical exposition, this book is an invaluable resource for students, constitutional scholars, judges and legal practitioners.Trade Review‘A timely and immensely scholarly work to explain how present doctrines of secularism could be infused, enriched by the notion of objective constitutionalism. The author’s wide-ranging comparative research and his understanding of religious systems, as well as constitutions, judicial precedent and international law instruments, are most impressive. This is a work that deserves serious worldwide study and attention by academics, students, religious leaders and governments.’ -- Marinus Wiechers, Former Principal, University of South Africa‘Constitutional arrangements relating to the relationship between religion and the law have over the years reflected a rich variety, ranging from the separation of religion and the law to the identity of religion and the law. Constitutionalism and Religion records the rich varieties of constitutional arrangements of religion in many countries of the world and in respect of a great variety of pragmatic features of our day-to-day lives, such as education, labour relations and the display of religious symbols.’ -- Johan D. van der Vyver, Emory University School of Law, US‘Francois Venter’s study of Constitutionalism and Religion is a major contribution to the understanding of church-state relations in the modern age. This global comparative exploration of how governments need to engage with twenty-first century religious pluralism is refracted through the prism of the author’s informed critique of the challenges faced in post-apartheid South Africa. This book is a handy road map when travelling through potentially hostile territory.’ -- Mark Hill QC, University of Pretoria, South AfricaTable of ContentsContents: PART I RELIGION, THE STATE AND CONSTITUTIONALISM 1. The Roots of a Relationship: Religion, The State and its Power 2. Globalization, Constitutional Law and Religion 3. Constitutionalism PART II RELIGION IN LAW 4. Religion in Constitutions 5. Religion in International Law 6. Travails of the Judges in Religious Cases PART III OBLIGATIONS OF THE CONSTITUTIONAL STATE IN RELIGIOUS MATTERS 7. The Weaknesses of Contemporary Statehood in the Face of Religious Pluralism 8. The Demands of Constitutionalism Regarding Religion 9. A Post-secular Approach to Religious Pluralism Index

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Book SynopsisIn this insightful book, Massimo Fichera provides an original account of European integration as a process -? completed by the creation of the Area of Freedom, Security and Justice. The study builds upon a demonstration of how European constitutionalism has been informed by a meta-rationale, which is expressed by security and fundamental rights as discourses of power.The book uses this conceptual framework to analyse the development of the EU as a polity. Chapters cover significant recent crises, including the Eurozone, refugees, the rule of law, Brexit, and constitutional identity. These events are not only recognized as being political shocks, but more meaningful and long lasting occurrences which have had, and will continue to have, a deep impact on the development of the EU as a legal and political system. In light of this, the variety of crises that have recently affected the EU are discussed with thought given to their impact as an interlinking whole.Adeptly combining both theoretical and doctrinal analysis, this book will appeal to students and scholars of both EU law and politics as well as those interested in legal and political theory more widely. Government officials, policy makers and practitioners will also find this a stimulating read.Trade Review'Today we are swamped with analyses of and solutions to the current crises of the EU that pay insufficient attention to the historical roots of our present problems. Fichera is an exception. He is particularly alive to the deep preoccupation of the European project with matters of security and rights, and has produced an account that is as complex and subtle as it is accessible and compelling.' --Neil Walker, The University of Edinburgh, UK'Boldly asserting that constituting itself as an Area of Freedom, Security and Justice is the very core of the EU as a political and legal project, Fichera shows, in this incisive and illuminating book, that security is both the presupposition of, and a threat to, the project of European integration.' --Hans Lindahl, Tilburg University, the NetherlandsTable of ContentsContents: Preface Acknowledgements 1. EU constitutionalism, crisis and the security of the European project 2. Discursive constituent power and European integration 3. The resilience of the principle of proportionality 4. The foundations of the EU as a polity 5. Reflexive security Bibliography Index

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Book SynopsisLegal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book reconsiders older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future? This unique resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges.Contributors include: E. Alston, F. Fagan, D.A. Farber, J.E. Gersen, T. Ginsburg, D. Kamin, S. Levmore, A. Niblett, M.C. Nussbaum, E.A. Posner, J.M. Ramseyer, A.M. Samaha, D. Shaviro, J. SukTrade Review'What a terrific topic for a book - and what a rich and tremendous collection of papers! There are fascinating discussions of whether legal deadlines work, whether traditions deserve respect, when consent (to sex) is relevant, when law is durable, and when law takes effect immediately or instead requires people to act to make it effective in the future. The timing is right: read it now!' --(Cass R. Sunstein, Harvard University, US and author of The World According to Star Wars)Table of ContentsContents: Part I Timing Devices 1. Legal Cycles and Stabilization Rules Frank Fagan 2. Legislating Crisis David Kamin 3. The More It Changes, The More It Stays the Same?: Automatic Indexing and Current Policy Dan Shaviro 4. Racing the Clock: Deadlines, Conflict, and Negotiating in Lawmaking Daniel A. Farber 5. Playing for Constitutional Time: Interim Constitutions and Transitional Provisions Tom Ginsburg and Eric Alston 6. Legislative Sunrises: Transitions, Veiled Commitments, and Carbon Taxes Frank Fagan and Saul Levmore Part II Law's Architecture 7. Timing of Consent Jacob E. Gersen and Jeannie Suk 8. Interest Groups and the Durability of Law Saul Levmore 9. Self-executing Statutes in the Administrative State Adam Samaha 10. Intellectual Property and Legislative Innovation Saul Levmore Part III Time in Judging 11. Janus-Faced Law: A Philosophical Debate Martha C. Nussbaum 12. Renovating the Efficiency of Common Law Hypothesis Frank Fagan 13. Delaying Declarations of Constitutional Invalidity Anthony Niblett 14. The Sins of Their Fathers: Illegitimacy in Japan and Surrogate Punishment across Generations J. Mark Ramseyer Index

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Book SynopsisFocusing on the information economy, free trade exploitation, and confronting terrorist violence, Mark Findlay critiques law's regulatory commodification. Conventional legal regulatory modes such as theft and intellectual property are being challenged by waves of property access and use, which demand the rethinking of property 'rights' and their relationships with the law. Law's Regulatory Relevance? theorises how the law should reposition itself in order to help rather than hinder new pathways of market power, by confronting the dominant neo-liberal economic model that values property through scarcity. With in-depth analysis of empirical case studies, the author explores how law is returning to its communal utility in strengthening social ties, which will in turn restore property as social relations rather than market commodities. In a world of contested narratives about property valuing, law needs to ground its inherent regulatory relevance in the ordering of social change. This book is an essential read for students of law and regulation wanting to explore the contemporary dissent against neo-liberal market economies and the issues of communitarian governance and social resistance. It will also appeal to policy makers interested in law's failing regulatory capacity, particularly through criminalising attacks on conventional property rights, by offering insights into why law's regulatory relevance is at a cross-roads.Trade Review'In this stimulating book Mark Findlay provocatively explores the relevance of the regulatory role of law in a rapidly changing world. It situates law in its broader context of relationships defined by power, property and market economies. In so doing, it identifies the new challenges of late post modern society, but also challenges existing assumptions, about these themes and their interconnections, whilst introducing new perspectives to those who may not even have considered some of the transformational issues discussed.' --David S. Wall, University of Leeds, UK'`Worldwide, legal regulation of ''property'' in all its many manifestations is the foundational support for the economy. To a greater or lesser extent, it is under both literal and theoretical attack everywhere too. Its role in the digital world is viewed as increasingly irrelevant by younger generations; national systems of regulation struggle Canute-like to control global ebbs and flows of information. This book challenges its reader to think, to imagine a world without the security of hitherto accepted notions of property. The author admits that he is tackling ''heavy analytical questions''. Whether you agree or disagree with his arguments and answers, it is essential to start thinking about them now. Or, as Paul Mason might put it: ''The property paradigm is metastasizing. Societies and communities are under threat from an unstable cocktail of over- and under-regulation.'' Findlay tackles head-on the hard questions about where we go from here.' --David Llewelyn, Kings College London, UKTable of ContentsContents: Preface 1. Law and the New Normal: Reimagining Property 2. Criminalising Property 3. Liberating Property 4. Property Bonded 5. Property Resisted 6. Re-embedding Original Property through Repositioned Law 7. Property as the Social Bibliography Index

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Book SynopsisThis book aims to give readers an insight into two dynamics that influence the phenomenon of autonomous public bodies (APBs) in the European legal sphere today. Stephanie De Somer first studies both phenomena-EU impulse and national restraint-as standalone trends and then addresses the tensions between them. The first trend covers EU legislation that obliges Member States to entrust the implementation of substantive supranational rules to entities that enjoy a considerable degree of autonomy vis-a-vis central government institutions. The second trend refers to a counter-movement at the national level, where initiatives have been taken to rationalize and restrain the use of APBs. Central to the book is the somewhat controversial question of whether the EU, which is itself often criticized for lacking democratic legitimacy, is disregarding fundamental principles regarding the democratic legitimacy of national administrations when imposing these institutional obligations on its Member States. As far as domestic law is concerned, the book offers an integrated approach that truly compares national legal systems. De Somer also incorporates the results of in-depth interviews with representatives of APBs in different Member States. Focusing on these two contemporary trends, this book demonstrates the extent to which two fundamental systems of rules and principles increasingly influence and transform the phenomenon of APBs This book is relevant not only for legal academia, but also for scholars working in the fields of political science and public administration. National legislatures, governments, regulatory bodies, data protection authorities and other APBs may also find this book useful.Trade Review'The 'de-politicization' of governance in favour of agencies or 'APBs' is a familiar aspect of late twentieth century governance. In the European Union, however, the pace has only picked up since the late 1990s. The rapid escalation in agency power, more especially in the Eurozone, is sufficient to raise serious concerns about the impact on democracy, more especially since, as the author notes, the European Union is increasingly insisting on the transfer of powers at national level from government to APBs. This study of the impact of EU law on APBs in four Member States by Stephanie De Somer is therefore both welcome and timely. Drawing lessons from her comparative study, De Somer suggests ways in which agency power can be structured and APBs made more democratically countable, bringing the study into line with the tone of recent events on the political scene.' --Carol Harlow, London School of Economics, UKTable of ContentsContents: 1. Introduction 2. EU impulse 3. National Restraint 4. Conflict 5. Reconciliation 6. Final conclusions and recommendations Bibliography Index

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Book SynopsisRecent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. Bringing together leading scholars from political science and comparative public law, this handbook presents a broad historical and geographical perspective, exploring debates on constitutionalism across the world. Contributions provide original, innovative research on central issues related to the process and context of constitution making and identify distinctive elements or models of regional constitutionalism. Insightful and comprehensive, this handbook offers impeccable guidance for students and scholars of constitutional and comparative public law, as well as political science, sociology and history, who are interested in the study of constitution making, democratization and post-conflict reconstruction. Lawyers, civil servants and NGOs in the field of constitutional advising and post-conflict institution building will also benefit from this handbook's unique insight.Trade Review'David Landau and Hanna Lerner, among the most knowledgeable students of constitution making, have gathered a highly qualified group of contributors from around the world to produce an exceptionally wide-ranging and informative volume. Scholars and practitioners will be able to benefit from this remarkable collection for years to come.' --Donald Horowitz, author of Constitutional Change and Democracy in Indonesia (CUP)'David Landau and Hanna Lerner have skillfully curated a comprehensive, state-of-the-art collection of essays on the theory and practice, political virtuosity and legal craft of constitution making across time and place. Refreshingly cross-disciplinary in its approach, this volume is an essential read for comparative constitutional scholars, jurists, activists and constitution drafters worldwide.' --Ran Hirschl, University of Toronto, Canada'A stellar group of scholars offers a set of superb essays on constitution making. Combining explicitly theoretical contributions and country and regional studies deeply informed by constitutional theory, this book marks a major advance in our understanding of constitution-making around the world.' --Mark Tushnet, Harvard Law School, USTable of ContentsContents: 1. Introduction Hanna Lerner and David Landau Part I: Foundations 2. Revolutions and Constitution-Making Andrew Arato 3. Constitution Making and Social Transformation Heinz Klug 4. International Involvement in Constitution-Making Cheryl Saunders 5. Constituent Power, Primary Assemblies, and the Imperative Mandate Joel Colon-Rios 6. Amendment and Revision in the Unmaking of Constitutions Richard Albert Part II: Techniques and Processes 7. The Constitutional Referendum in Historical Perspective Zach Elkins and Alexander Hudson 8. Constitutional Design Deferred Rosalind Dixon 9. Making Constitutions in Deeply Divided Places Brendan O'Leary 10. Civil society, participation and the making of Kenya’s constitution Yash Ghai 11. How Constitutional Crowdsourcing can Enhance Legitimacy in Constitution-Making Carlos Bernal Part III: Contexts and Contents 12. Religion and Constitution-Making in Comparative Perspective Asli Bali and Hanna Lerner 13. Constitution Making and State Building Joanne Wallis 14. The Making of ‘Illiberal Constitutionalism’ with or without a New Constitution: The Case of Hungary and Poland Gabor Halmai 15. Constitution Making: The case of ‘Unwritten’ Constitutions Janet McClean 16. The Making of Constitutional Preambles Justin Frosini Part IV: Historical Perspectives 17. Constitutionalism Ancient and Oriental Patricia Springborg 18. First Constitutions: American Procedural Influence Lorianne Updike Toler 19. National Identity and Constitutions in Modern Europe: Into the Fifth Zone Bill Kissane and Nick Sitter 20. Constitution Making and Constitutionalism in Europe Chris Thornhill Part V: Regional Perspectives 21. The Unsurprising but Distinctive Nature of Constitution Writing in the Arab World Nathan Brown 22. Constitution Crafting in South Asia: Lessons on Accommodation and Alienation Menaka Guruswamy 23. Constitution-making and Public Participation in Southeast Asia Melissa Crouch 24. Voluntary Infusion of Constitutionalism in Anglophone African Constitutions Francois Venter 25. Post-Soviet Constitution-Making Will Partlett 26. Constituent Power and Constitution-Making in Latin America David Landau Index

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Book SynopsisThere are many challenges that national and supranational judges have to face when fulfilling their roles as guardians of constitutionalism and human rights. This book brings together academics and judges from different jurisdictions in an endeavour to uncover the intricacies of the judicial function. The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts' legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms.This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.Contributors: A. Abat i Ninet, E. Afsah, C. Ayala, A. Barak, O. Bassok, D.T. Björgvinsson, W. Hoffmann-Riem, D. Hope, D. Jenkins, H. Krunke, TJ McIntyre, M. Scheinin, B. Tuzmukhamedov, G. Ulfstein, A. UsackaTrade Review'Constitutionalism is a system whereby legislatures and governments are bound by higher norms, often human rights norms. In this book, the focus is on the role of national and international courts in upholding these norms. Some observers say that there is nowadays an erosion of the rule of law and human rights. The book comes at the right time. It reminds the courts of their responsibility in this area, and public authorities of the need to respect their decisions.' --Paul Lemmens, Judge, European Court of Human RightsTable of ContentsContents: Preface 1. Introduction Helle Krunke and Martin Scheinin PART I JUDGES AS GUARDIANS OF THE FUNDAMENTAL RIGHTS OF THE INDIVIDUAL 2. On Judging Aharon Barak 3. The Changing Understanding of Judicial Legitimacy Or Bassok 4. Courts as Protectors of the People: Constitutional Identity, Popular Legitimacy and Human Rights Helle Krunke PART II JUDGES AND JUDGING IN TIMES OF TERRORISM AND SURVEILLANCE 5. Judges as Guardians of Constitutionalism and Human Rights: The Judiciary and Counter-Terrorism in the United Kingdom David Hope (The Lord Hope of Craighead) 6. The Judiciary and the Surveillance State: General Trends and German Experiences Wolfgang Hoffmann-Riem 7. Judicial Oversight of Surveillance: The Case of Ireland in Comparative Perspective TJ McIntyre 8. Procedural Fairness and Judicial Review of Counter-Terrorism Measures David Jenkins 9. The Judiciary in Times of Terrorism and Surveillance: A Global Perspective Martin Scheinin PART III THE JUDICIARY IN TIMES TRANSITION 10. The Role of the Judiciary in Egypt´s Failed Transition to Democracy Antoni Abat i Ninet 11. The Russian Constitutional Court in International Legal Dialogues Bakhtiyar Tuzmukhamedov 12. Guides and Guardians: Judiciaries in Times of Transition Ebrahim Afsah PART IV JUDGES AS GUARDIANS BEYOND THE NATION STATE: REGIONAL AND INTERNATIONAL PERSPECTIVES 13. Constitutionalism and Human Rights at the International Criminal Court Anita Ušacka 14. The Judicial Dialogue Between International and National Courts in the Inter-American Human Rights System Carlos Ayala 15. The Role of Judges of the European Court of Human Rights as Guardians of Fundamental Rights of the Individual David Thór Björgvinsson 16. The Task of Regional and International Courts in Guarding Constitutionalism and Human Rights Marina Aksenova and Geir Ulfstein Index

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Book SynopsisIn the first interdisciplinary work focused on the European Ombudsman, expert observers of EU institutional affairs provide a thorough evaluation of the Ombudsman and its constitutional role, powers, activities and future potential. The book addresses the Ombudsman's impact on accountability in the EU's executive branch and offers new suggestions for the further development of the practice of 'ombuds review'. The contributions to the discussion within this book come from law, political science, administrative science and economics. Looking at comparative developments in EU law and policy they critically review, from a variety of perspectives and methodologies, the Ombudsman's role in the review of activity of EU institutions, bodies, offices and agencies. They then evaluate this role, and its achievements, against the original objectives for creating an Ombudsman some 20 years ago. This timely book will appeal to scholars and advanced students of the EU political and legal system. It is a also must-read for policy advisors and practitioners looking to enhance their understanding of alternative modes of dispute settlement and anyone interested in the future of administration in the EU.Contributors include: P.N. Diamandouros, D. Dragos, I. Harden, H.C.H. Hofmann, R. Mastroianni, J. Mendes, B. Neamtu, C. Neuhold, G. Tridimas, T. Tridimas, J. Trondal, A. Wille, J. ZillerTrade Review‘Accountability in the EU is a collection that will retain value for some years and serve as a starting point for future research into the EO. Accountability in the EU provides us with a robust claim for how the EO should and does operate to add value to the accountability network in the EU...’ -- Richard Kirkham, Review of European Administrative LawTable of ContentsContents: 1. The Developing Role of the European Ombudsman Herwig C.H. Hofmann 2. The European Ombudsman: A Resilient Institution in a Turbulent, Evolving Administrative Order Jarle Trondal and Anchrit Wille 3. Monitoring the law and independent from politics’? The relationship between the European Ombudsman and the European Parliament Christine Neuhold 4. Public Awareness of EU Rights and the Functions of the European Ombudsman: Some Unpleasant Findings George Tridimas and Takis Tridimas 5. Advancing transparency in the European Union: the role of the European Ombudsman Dacian C. Dragos and Bogdana Neamtu 6. Discretion and law in the EU administration: where the courts do not enter Joana Mendes 7. New perspectives for the European Ombudsman opened by the Lisbon Treaty Roberto Mastroianni 8. The Ombudsman's role in promoting good governance Ian Harden 9. From Maladministration to Good Administration: Retrospective Reflections on a Ten-Year Journey P. Nikiforos Diamandouros 10. Variations Around the O-Word: the European Ombudsman from Médiateur to Garante ? Some Concluding Remarks Jacques Ziller Index

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Book SynopsisWhile their use and significance have increased in recent decades, constitutional preambles have received only scant attention in academic literature. This book presents a uniquely quantitative and qualitative analysis of all the preambles currently in force around the world and addresses fascinating questions concerning their occurrence, content, style, function and legal status. Studying preambles not only helps us understand the phenomenon itself, but also teaches us more about constitutions and constitutional systems in which they are situated. Constitutional Preambles illuminates the great variety that constitutional preambles display. The authors discuss the different styles, legal and non-legal functions, and content of the preambles, as well as analysing their use in the courts. This work also contains a carefully curated anthology of the world's preambles in English.Trade Review'What emerges from this crisp and comprehensive account is an appreciation of how the constitutional preamble, perhaps more than any other legal form, declares the existence of the people who commit to abide by a set of collective, public principles. By excavating and elucidating these anchoring constitutional commitments, the book is as much a resource for constitutional theory as for comparative constitutional law.' --Kevin M. Stack, Vanderbilt University Law School'Preambles are sometimes called the ''mission statements'' of the Constitution, but are rarely examined in comparative perspective. In this comprehensive study, Voermans, Stremler and Cliteur integrate quantitative and qualitative analysis to explore the world of constitutional preambles across time and space. The result is a fascinating and entertaining survey that will enlighten students of comparative constitutionalism as well as political idiom and discourse. Highly recommended.' --Tom Ginsburg, University of Chicago Law School'[The authors] have written the definitive guide to preambles. This book answers so many of the questions we might have about preambles - why and how they are written and by whom, when and where they emerged, and what they contain - and it moreover suggests new ones that will enliven the study of constitutional preambles for many years to come.' --Richard Albert, Boston College Law SchoolTable of ContentsContents: 1. Introduction 2. Preambles: a Stocktaking 3. The Content of Preambles 4. The Language of Preambles 5. The Functions of Preambles 6. Two Prototypes: the US and France 7. Preambles from Other States 8. By Way of Conclusion: the Mystery and End of Preambles Index

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Book SynopsisThis book provides unique insights into the practice of democratic constitutionalism in one of the world's most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide 'bottom up' and 'top down' insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground - or the limits to constitutions as a locus for broader social change. This book presents new perspectives on recurrent topics and debates that enrich comparative constitutional law in other regions of the world, both in the Global South and the Global North. The fine-tuned, in-depth approach of the contributors brings rigorous scholarship to this institutionally diverse and significant region, illuminating the under-explored relationship between constitutionalism, politics, ideology and leadership. This unique and challenging study will prove to be an indispensable tool, not only for academics interested in Latin America but for comparative constitutional law scholars across the globe.Contributors include: C. Bernal, J.l. Colón-Ríos, J. Couso, R. Dixon, Z. Elkins, H.A. Garcia, R. Gargarella, T. Ginsburg, A. Huneeus, D. Landau, J. Lemaitre, L. Lixinski, G.L. Negretto, R.A. Sanchez-Urribarri, M. Tushnet, O. Vilhena VieiraTable of ContentsContents: 1. Comparative Constitutional Law in Latin America - an Introduction Rosalind Dixon and Tom Ginsburg 2. Constitution-Making and Constitutionalism in Latin America: The Role of Procedural Rules Gabriel L. Negretto 3. Constitution-Making and Constituent Power Joel Colón-Ríos 4. A Critical Mapping of Transitional Justice in Latin America Lucas Lixinski 5. Constitutional revolution in the Andes? Zachary Elkins 6. The New “Bolivarian” Constitutions: A Textual Analysis Mark Tushnet 7. Looking beyond the Constitution: The Social and Ecological Function of Property Helena Alviar Garcia 8. Equality Roberto Gargarella 9. Modes of Disestablishment in Latin America Julieta Lemaitre 10. Judicial Role and the Limits of Constitutional Convergence in Latin America David Landau 11. Ambitious Constitutions: Prominent Courts Oscar Vilhena Vieira 12. Between Power and Submissiveness – Constitutional Adjudication in Latin America Raul A. Sanchez-Urribarri 13. The Institutional Limits of Inter-American Constitutionalism Alexandra Huneeus 14. The Constitutional Protection of Economic and Social Rights in Latin America Carlos Bernal 15. The “Economic Constitutions” of Latin America: Between Free Markets and Socioeconomic Rights Javier Couso Index

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Book SynopsisTo what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? New constitutions often include newer forms of rights - such as socio-economic and environmental rights - and are written with an explicitly transformative purpose. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. By engaging widespread comparative experiences from Malawi, to Colombia, Mexico to South Africa, Hungary to the United States of America, this examination of the doctrine of the separation of powers takes into account important recent changes in constitutional design and practice, including the wide-spread inclusion of socio-economic rights, the creation of independent bodies outside the traditional structure, the growth of executive power, and the crisis of legislative legitimacy. It also considers the extent to which this re-framing should be confined to the emerging democracies of the global south or whether it can be applied more widely across all constitutional systems. This comprehensive study will be of interest to academics conducting research in comparative constitutional law, students of comparative constitutional law, and constitutional and political theorists as well as constitutional judges and designers.Contributors include: D. Bilchitz, D. Bonilla, V. Jackson, R.E. Kapindu, D. Landau, F. Mohamed, J.M. Serna de la Garza, R. UitzTrade Review'This volume subjects a central tenet of constitutional theory - separation of powers - to a searching analysis in comparative perspective. The essays offer rigorous analysis and fresh perspectives. The volume's attention to the constitutions of the global south is an especially welcome and important addition to the comparative constitutional scholarship.' --Adrienne Stone, The University of Melbourne, Australia'The separation of powers is one of the most central and familiar concepts in constitutional law. Yet it is surprisingly under-studied from a comparative perspective: by engaging some of the world's leading comparative constitutional scholars on the topic, this volume thus provides a highly timely and valuable contribution to the existing constitutional literature. In doing so, it also points to new and exciting possibilities about what re-imagined separation of powers understandings might look like - i.e. how in countries in the Global south in particular, recent decades have seen the growth of new institutions and institutional relationships that may well redefine how we ultimately understand the pre-requisites for democracy, the rule of law and basic government accountability.' --Rosalind Dixon, University of New South Wales, AustraliaTable of ContentsContents: 1. Introduction: The Evolution of the Separation of Powers in the Global South and Global North David Landau and David Bilchitz Part I Emerging Themes in the Separation of Powers of the Global South and the Global North 2. Institutional Failure and Intertemporal Theories of Judicial Role in the Global South David Landau 3. Towards a Defensible Relationship Between the Content of Socio-Economic Rights and the Separation of Powers: Conflation or Separation? David Bilchitz 4. Courts and the Expansion of Executive Power: Making the Constitution Matter Renata Uitz 5. Accommodating an Old Constitution to the 21st Century State: Of Law and Politics Vicki C. Jackson 6. The Conceptual Architecture of the Principle of Separation of Powers Daniel Bonilla Maldonado Part II Independent Accountability Institutions and the New Separation of Powers in the Global South 7. The Fourth Branch: Challenges and Opportunities for a Robust and Meaningful Role for South Africa’s State Institutions Supporting Democracy Faraaz Mohamed 8. Separation of Powers and the Accountability Role of NHRIs: The Malawi Human Rights Commission Through the Courts Redson Edward Kapindu 9. Mexico’s National Commission on Human Rights: An Autonomous Constitutional Agency with Too Much Autonomy? José Ma. Serna de la Garza Index

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Book SynopsisConceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.Chapters investigate the complex relationship and potential relationships between crowdsourcing, democratic constitutionalism and the network society, exploring the strengths and weaknesses of crowdsourcing in this area. This thought-provoking book concludes that constitutionalism is further strengthened because the democratic legitimacy of the constitutional text is reinforced via this mechanism. Antoni Abat i Ninet conceives constitutional crowdsourcing as an epistemic response, an opportunity to place the people at the heart of constitutionalism in the new digital era.Engaging and accessible, Constitutional Crowdsourcing will be of benefit to students and scholars of legal theory, constitutional and administrative law, political science and constitutions. Its forward-looking aspect will also appeal to public officers seeking a better understanding of the potential impact of constitutional crowdfunding.Trade Review‘A fascinating meditation about the implications of the new technologically and digitally connected world we now all live in for such fundamental conceptions as the identity of “a singular ‘people’”in whose name sovereignty is claimed. At a more concrete level, should we welcome the genuine possibility that people connected to the modern internet could become the source of new constitutions and the legitimacy attached to them? Along the way, the author provides important discussions of the traditional animosity, in most political theory, to the demos, often described in terms of being a “mob,” or a “crowd,” resistant to the necessary leadership of wise elites. The tendencies identified by Professor Abat i Ninet are bound to be ever more important in the future, perhaps in ways we can scarcely envision at present.’ -- Sanford V. Levinson, The University of Texas at Austin, US‘Dare to get lost in this unmissable, erudite dive into the crowds present, past, and future – and their essential constitutional significance!’ -- Dimitry Kochenov, Central European University‘Through a theoretically and comparatively rich analysis, Antoni Abat i Ninet brings to the surface the radical democratic potential of constitutional crowdsourcing. This is a must read for both comparative constitutional lawyers and political theorists, as well as for anyone interested in constitution-making, constituent power, and popular participation in politics.’ -- Joel Colón-Rios, Victoria University of Wellington, New Zealand‘The rise of the Internet is revolutionizing the foundations of democratic politics with bewildering speed. Ninet rightly emphasizes the profound ways in which new technologies challenge traditional understandings of political identity – and calls on his readers to confront the unprecedented challenges required to reconstruct constitutional legitimacy in the brave new world of the twenty-first century.’ -- Bruce Ackerman, Yale University, USTable of ContentsContents: 1. Introduction to Constitutional Crowdsourcing 2. The crowd in democratic constitutionalism 3. The network society and democratic constitutionalism 4. Crowdsourcing and constitution-making 5. Crowdsourcing in constitutional interpretation and control Bibliography Index

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Book SynopsisThe public sector ombudsman has become one of the most important administrative justice institutions in many countries around the world. This international and interdisciplinary Research Handbook brings together leading scholars and practitioners to discuss the state-of-the-art research on this increasingly prominent institution. Traditionally, research on the ombudsman has been conducted from a purely prescriptive or (legal) descriptive perspective, mainly focusing on the ombudsman 'in the books'. By contrast, this book illustrates how empirical research may contribute to a better understanding of the ombudsman 'in action'. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman's work. The Research Handbook is organized in to four parts: fundamentals of the ombudsman; the evolution of the ombudsman; evaluation of the ombudsman; and the ombudsman office and profession. Featuring case studies from Europe, Canada, Asia, Africa, Latin America and Australia, chapters provide a comprehensive global perspective on the issues at hand. This unique Research Handbook will be of great value to researchers in the fields of public law, socio-legal studies and alternative dispute resolution who have an interest in the ombudsman. It will also be a valuable resource for policymakers and practitioners, particularly those working within ombudsman offices.Contributors include: V. Ayeni, C.A. Barco, A. Bedner, R. Behrens, V. Bondy, B. Bradford, A. Brenninkmeijer, S. Carl, J. Chan, N. Creutzfeldt, J. Dahlvik, M. de Langen, M. Doyle, L. Díez, C. Gill, E. Govers, M. Groves, C. Harlow, M. Hertogh, C. Hodges, B. Hubeau, R. Kirkham, M. Lezertua, J. McMillan, N. O'Brien, A. Pohn-Weidinger, L.C. Reif, M. Remác, A. Stumckhe, P. Tyndall, B. Tai, Y. van der Vlugt, E. van Gelder, R. van Zutphen, V. WongTrade Review'This ambitious work canvasses perspectives on the ombudsman role from across the globe and in a range of historical and social contexts; focusing on the public sector as the traditional heartland of the ombudsman. The Editors, Marc Hertogh and Richard Kirkham have assembled an impressive and diverse set of voices, from the EU to the Global South to Australia and beyond, and across different institutional settings the inclusion of under-scrutinized and interdisciplinary perspectives is particularly helpful. The focus on the ombudsman as a community of practice on the one hand, and as a reflection of aspirations around the rule of law, equity and fairness on the other, leads to a rich, thought-provoking, practical and engaging collection. Taking seriously the ideas, people and contexts that animate the ombudsman's role will resonate with a broad readership.' --Lorne Sossin, Osgoode Hall Law School, York University, Canada'This important and useful edited collection brings together international perspectives on the current state of ombudsman research. Contributions from researchers, academics and practitioners from different jurisdictions provide valuable insights into debates on the ombudsman concept, its evolution and evaluation. It is a valuable addition to the literature on ombudsmen, and will be useful to academics, practitioners and policymakers.' --Mary Seneviratne, Nottingham Trent University, UK'Hertogh and Kirkham set out to fill a void in ombudsman studies by collating an overview of state-of-the-art scholarship. They have succeeded. This wide-ranging and multi-jurisdictional collection of essays will push the boundaries of ombudsman research and greatly enrich it in the process.' --Simon Halliday, University of York, UKTable of ContentsContents: Foreword Peter Tyndall 1. The Ombudsman and Administrative Justice: From Promise to Performance Marc Hertogh and Richard Kirkham PART I: FUNDAMENTALS OF THE OMBUDSMAN 2. The History and Evolution of the Ombudsman Model Sabine Carl 3. Ombudsmen and Public Authorities: A Modest Proposal Nick O’Brien 4. The Private Sector Ombudsman Christopher Hodges PART II: THE EVOLUTION OF THE OMBUDSMAN 5. Ombudsmen: ‘Hunting Lions’ or ‘Swatting Flies' Carol Harlow 6. The Politics of the Ombudsman: The Hong Kong Experience Johannes Chan and Vivianne Wong 7. The Ombudsman and the Rule of Law Benny Tai 8. The European Ombudsman and the Court of Justice of the European Union: Competition or Symbiosis in Promoting Transparency? Milan Remac 9. The Rule of Law in the European Union: Standards of the Ombudsman, Judge, and Auditor Alex Brenninkmeijer and Emma van Gelder 10. Ombudspersons in Developing Countries: The Case of Indonesia Adriaan Bedner 11. The Transposition of the Ombudsman Model to the Human Rights Domain: Its Role as a Policy Entrepreneur Carlos Alza Barco 12. Fifty Years of the Ombudsman in Africa Victor Ayeni 13. Ombuds Institutions: Strengthening Gender Equality, Women’s Access to Justice and Protection and Promotion of Women’s Rights Linda C. Reif PART III: EVALUATION OF THE OMBUDSMAN 14. The Profile of Complainants: How to Overcome the 'Matthew Effect'? Bernard Hubeau 15. How Do Complainants Experience the Ombuds Procedure? Detecting Cultural Patterns of Disputing Behavior - A Comparative Analysis of Users that Complain about Financial Services Naomi Creutzfeldt and Ben Bradford 16. What Do Government Agencies Learn from the Ombudsman? Chris Gill 17. Ombudsmen in Prisons: Reviewing and Reforming Matthew Groves 18. The National Ombudsman and Proper Police Conduct Yvonne van der Vlugt 19. The Use of Own-Initiative Powers by the Ombudsman Laura Díez Bueso 20. Effectiveness and Independence of the Ombudsman's Own Motion Investigations: A Practitioner's Perspective from The Netherlands Maaike de Langen, Emily Govers and Reinier Van Zutphen PART IV: OMBUDSMAN OFFICE AND PROFESSION 21. Administering Access to the Public Ombuds Institution. A Case Study on the Austrian Ombudsman Board Julia Dahlvik and Axel Pohn-Weidinger 22. Ombuds Can, Ombuds Can’t, Ombuds Should, Ombuds Shan’t: A Call to Improve Evaluation of the Ombudsman Institution Anita Stumckhe 23. The Ombudsman in Australia: Flourishing, Expanding, Diversifying, Innovating John McMillan 24. Ombudsman Values: A Guide to Practice Robert Behrens 25. The 21st Century Ombudsperson: A Guarantor of Democracy Manuel Lezertua 26. What’s in a Name: A Discussion Paper on Ombud Terminology Varda Bondy and Margaret Doyle PART V: CONCLUSION 27. An Agenda for Future Ombudsman Research: Towards a General "Ombuds-Science" Marc Hertogh and Richard Kirkham Index

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Book SynopsisIn the last half century, the rule of law has increasingly been appealed to as a common global value. The Handbook on the Rule of Law analyses the appeal of this idea, its context, and background through a range of questions about the character, history and global reach of the rule of law, offering readers a definitive understanding of this central global norm.Original contributions from leading academics explore the rule of law conceptually and historically through its associated institutions, as well as examine detailed cases evaluating how the everyday application of the rule of law impacts society as a whole. Exploring a wide range of research on the social, political and economic dimensions of the rule of law, this Handbook clearly illustrates the link between the rule of law and the global political system.This informative Handbook will be key reading for post-graduate students of international relations, global politics, and law, as well as for legal scholars wanting to build upon their knowledge with a wider account of the rule of law. Researchers in areas impacted by the rule of law will also find this volume to be stimulating reading.Contributors include: J. Allison, T. Almeida Cravo, D. Banik, A. Bedner, P. Costa, C. Cutler, D.l. Desai, C. Feinäugle, J. Flood, T. Ginsburg, J. Gutmann, S. Hinderling, D. Howath, T. Kellogg, T. Krever, M. Krygier, A. Loretoni, F. Macaulay, A. Magen, C. May, J. Møller, P. Nicholson, L. Pech, M.M. Prado, M. Rishmawi, C. Schwöbel-Patel, L.B. Tiede, V. Vadi, S. Voigt, C. Walker, A. Wiener, A. Winchester, P. ZumbansenTrade Review'This is the most interesting collection I have read on the rule of law in a while. It covers the usual rule of law themes, but goes beyond that to include a broad and diverse range of additional topics and perspectives. The essays are sophisticated and engaging, written by knowledgeable authors, taking up historical as well as contemporary issues. This is well worth reading.' --Brian Tamanaha, Washington University, School of Law, US'This excellent compilation provides a comprehensive inquiry into the rule of law in the contemporary times. May and Winchester have produced the reference for anyone interested in understanding the complex workings and multi-dimensional impacts of this ubiquitous term.' --Susanne Soederberg, Queen's University, CanadaTable of ContentsContents: Introduction Christopher May and Adam Winchester Part I: Defining the Rule of Law 1. The advantages of a thin view Jørgen Møller 2. The Promise of a Thick View Adriaan Bedner 3. Difficulties with Measuring the Rule of Law Tom Ginsburg 4. The Rule of Law, Legal Pluralism, and Challenges to a Western-centric View: Some Very Preliminary Observations Peer Zumbansen 5. Arbitrary Power and the Ideal of the Rule of Law Martin Krygier (with Adam Winchester) 6. The Centrality of Predictability to the Rule of Law Christopher May 7. The Rule of Law in Inter-national Relations: Contestation despite Diffusion - Diffusion through Contestation Antje Wiener Part II. The History of the Rule of Law 8. The Rule of Law: An Outline of its Historical Foundations Pietro Costa 9. Minimising Magna Carta and Modernising Exposition of the Rule of Law in the English Historical Constitution J.W.F. Allison 10. Turning the Rule of Law into an English Constitutional Idea J.W.F. Allison 11. The Rule of Law and the Rise of Capitalism Tor Krever Part III: Institutions of the Rule of Law 12. The Rule of Law and its Application to the United Nations Clemens Feinäugle 13. Power Rules: The World Bank, Rule of Law Reform, and the World Development Report 2017 Deval Desai 14. The Rule of Law and the European Union Amichai Magen and Laurent Pech 15. Non-governmental Organisations and the Rule of Law: The Experience of Latin America Fiona Macaulay 16. Lawyers and the Rule of Law David Howath 17. The Rule of Law and Legal Education: Do They Still Connect? John Flood Part IV: Contextualising The Rule of Law 18. The Rule of Law, New Constitutionalism, and Transnational Legality A. Claire Cutler 19. Global Administrative Law Valentina Vadi 20. The Rule of Law and Feminism. The Dilemma of Differences Anna Loretoni 21. The Rule of Law and Islam Jerg Gutmann and Stefan Voigt 22. The Rule of Law and Human Rights Mona Rishmawi Part V: Applying the Rule of Law 23. The Rule of Law From a Law and Economics Perspective Mariana Mota Prado 24. The Rule of Law, Institutions, and Economic Development Lydia Brashear Tiede 25. The Legal Empowerment of the Poor Dan Banik 26. The Rule of Law as a Marketing Tool: The International Criminal Court and the Branding of Global Justice Christine Schwöbel-Patel 27. The Rule of Law and Terrorism Clive Walker 28. Post-conflict Peacebuilding and the Rule of Law Teresa Almeida Cravo 29. Rule of Law in Asia: The Case of China Thomas E. Kellogg 30. Court Development in Timor-Leste: ‘Handover’ and its Long Shadow Pip Nicholson and Samantha Hinderling Index

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Book SynopsisThe UN's capacity as an administrative decision-maker that affects the rights of individuals is a largely overlooked aspect of its role in international affairs. Administrative Justice in the UN explores the potential for a model of administrative justice that might act as a benchmark to which global decision-makers could develop procedural standards.Niamh Kinchin adeptly explores accountability in the context of decision-making within the UN and examines whether its administrative decisions, affecting the rights and obligations of individuals and groups, contain sufficient procedural protections. It is suggested that 'global administrative justice' requires two fundamental elements; administrative decisions made according to law, and to values communities accept as just, which are identified as rationality, fairness, transparency and participation. This model is applied to the UN's Investigations Divisions of the Office of Internal Oversight Services, the UN High Commissioner for Refugees, the UN Security Council and the Internal Formal Justice System in order to measure procedural protections, identify gaps and make recommendations for reform.This insightful book will be vital reading for academics and students of human rights, constitutional, public international, and administrative law. UN-affiliated personnel, as well as those involved in diplomatic departments, will find this book an engaging read.Trade Review'Identifying common principles and appropriate institutions to achieve accountability in UN institutions is challenging. What 'laws' to apply and which bodies are affected is clearly explained and justified, and the suggested solutions are practical. Kinchin is to be congratulated for tackling the conceptually difficult task. The work should be compulsory reading for all the UN bodies making decisions affecting rights.' --Robin Creyke AO, Emeritus Professor, Australian National University'Administrative Justice in the UN is a path-breaking study that extends the reach of 'administrative justice', a concept which has, hitherto, been used to throw light on domestic decision making and redress procedures. Based on the twin principles of law and justice, Niamh Kinchin develops the novel concept of 'global administrative justice' and applies it to decision making and disputes by the United Nations and its agencies. She displays an impressive command of her source material and writes with great clarity. Analysing international conventions and charters, and using the stock-in-trade techniques of the administrative lawyer, she has produced a fascinating book. It is a tour-de-force.' --Michael Adler, University of Edinburgh, UK'Is the UN ''accountable'' for its administrative decision-making? This is the thought-provoking question posed by Niamh Kinchin in Administrative Justice in the UN: Procedural Protections, Gaps and Proposals for Reform - a lively, original and important contribution to our understanding of global administrative justice. Kinchin explores the UN's commitments to fairness, transparency and justice across a range of decision-making contexts, from votes and vetoes in the Security Council, to investigating complaints about peacekeepers through the Internal Oversight Services, to adjudicating employment disputes before the UN Dispute and Appeals Tribunal. The book advances a global rule of law framework to enable the UN to address its ''accountability deficit.'' It will spark discussion and debate among experts and interested observers alike!' --Lorne Sossin, Osgoode Hall Law School, York University, CanadaTable of ContentsContents: Introduction: ‘All is Forgiven’: Administrative Decision-Making Without Administrative Law 1. According to Law 2. According to Values the Community Accepts as Just 3. The Formal Internal Justice System of the UN 4. Office of Internal Oversight Services 5. UNHCR and Refugee Status Determination 6. The UN Security Council and Targeted Sanctions Concluding Remarks Bibliography Index

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Book SynopsisLaw Enforcement by EU Authorities is the first comprehensive study of a new development in the field of EU law and governance: the proliferation of EU enforcement authorities (EEAs). It offers an investigation into each of the existing eight EEAs, the prospective European Public Prosecutor's Office and how they enforce EU law vis-a-vis private actors together with relevant national enforcement authorities. The study focuses on the interplay between political accountability and judicial protection in the system of shared direct enforcement. It offers a comparative investigation into the EU-national interrelationship in the field of shared enforcement and shows the need for improvement of democratic control and judicial protection in the area of 'shared tasks, but separated controls'. Expert contributors analyze these issues in relation to specific sectors, including financial/banking supervision, aviation, food law, fisheries, fraud, financial interests of the European Union, competition law and pharmaceuticals. This detailed book includes insights from both academics and practitioners, drawing on different national backgrounds and subject specialisms. It provides an important resource for researchers of EU law and governance and officials in the field of enforcement.Contributors include: F. Blanc, A. Brenninkmeijer, F. Cacciatore, M. Chamon, F. Coman-Kund, A. Corini, P. Craig, K. Cseres, T. Duijkersloot, M. Eliantonio, J. Foster, A. Karagianni, F. Kets, R. Kraaijeveld, M. Luchtman, M. Maggetti, G. Ottimofiore, A. Ottow, A. Outhuijse, M. Ratajczyk, E. Schmidt, M. Scholten, B.M.J. van der Meulen, E. van Gelder, M. van Rijsbergen, E. Versluis, J. Vervaele, M. Wasmeier, R. Widdershoven, S. WirtzTrade ReviewThe book is a valuable contribution to the better understanding of shared administration (enforcement) and "agencification" of accountability systems in the EU.'--Ernö Várnay, Common Market Law Review'The book provides an excellent and in-depth analysis of each major European enforcement agency; how they interact with national agencies; and identifies strengths and gaps in the accountability frameworks governing those bodies. This book is a must have for academics and policy makers who seek to understand the operation of EU enforcement mechanisms.'--Philip Bender, Australian Journal of Public AdministrationTable of ContentsContents 1. The proliferation of EU enforcement authorities: a new development in law enforcement in the EU Miroslava Scholten, Michiel Luchtman and Elmar Schmidt 2. Political and judicial accountability in the EU shared system of banking supervision and enforcement Ton Duijkersloot, Argyro Karagianni and Robert Kraaijeveld 3. ‘Rating’ ESMA’s accountability: ‘AAA’ status Marloes van Rijsbergen and Jonathan Foster 4. Parallel enforcement and accountability: the case of EU competition law Katalin Cseres and Annalies Outhuijse 5. Shared enforcement and accountability in the EU aviation safety area: the case of the European Aviation Safety Agency Florin Coman-Kund, Mikołaj Ratajczyk and Elmar Schmidt 6. Complex procedures as hurdle to accountability: verticalization of pharmaceutical enforcement Merijn Chamon and Sabrina Wirtz 7. Fishing in troubled waters? Shared enforcement of the common fisheries policy and accountability gaps Federica Cacciatore and Mariolina Eliantonio 8. Enforcement of EU food law Antonia Corini, Bernd van der Meulen, Floris Kets, Giuseppa Ottimofiore and Florentin Blanc 9. The political and judicial accountability of OLAF Michiel Luchtman and Martin Wasmeier 10. Judicial and political accountability for criminal investigations and prosecutions by a European Public Prosecutor's Office in the EU: the dissymmetry of shared enforcement John Vervaele 11. The interplay of mandates and accountability in enforcement within the EU Florentin Blanc and Giuseppa Ottimofiore 12.The European Court of Auditors: the guardian of EU finances Alex Brenninkmeijer and Emma van Gelder 13. Pertinent issues of judicial accountability in EU shared enforcement Rob Widdershoven and Paul Craig 14. Political and judicial accountability in shared enforcement in the EU Miroslava Scholten, Martino Maggetti and Esther Versluis Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world?s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Mark Tushnet, a world-renowned scholar of constitutional law, has excelled in extending and revising his essential introduction to comparative constitutional law. Through an analysis of topics at the cutting edge of contemporary scholarship, this authoritative study investigates constitution making, forms of constitutional review, proportionality analysis and its alternatives, and the development of a new ?transparency? branch in constitutions around the world. Throughout, the book draws upon examples from a wide range of nations, demonstrating that the field of comparative constitutional law now truly encompasses the world.New to this revised and enlarged second edition: ? Updated and extended material to encompass the developments in practice and scholarship since the original edition?s publication back in 2014? With substantial additional attention, Tushnet analyses abusive constitutionalism, the idea of the constituent power, eternity clauses and unconstitutional amendments Recent developments in weak- and strong-form constitutional review are given fresh analysis, as well as an expanded consideration of third generation rights. Addressing the key issues of constitutional design and structure, this second edition will serve as an excellent up-to-date resource for students and scholars of comparative constitutional law.Trade Review'In terms of succinctness, readability and sophistication, probably the best advanced introduction to comparative constitutional law you can find in under 150 pages.' --Mattias Kumm, New York University, School of Law, USTable of ContentsContents: 1. Introduction: comparative constitutional law – history and contours 2. Constitution-making 3. The structures of constitutional review and some implications for substantive constitutional law 4. The structure of rights analysis: proportionality, rules and international law 5. The structure of government 6. Conclusion References Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world?s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Mark Tushnet, a world-renowned scholar of constitutional law, has excelled in extending and revising his essential introduction to comparative constitutional law. Through an analysis of topics at the cutting edge of contemporary scholarship, this authoritative study investigates constitution making, forms of constitutional review, proportionality analysis and its alternatives, and the development of a new ?transparency? branch in constitutions around the world. Throughout, the book draws upon examples from a wide range of nations, demonstrating that the field of comparative constitutional law now truly encompasses the world.New to this revised and enlarged second edition: ? Updated and extended material to encompass the developments in practice and scholarship since the original edition?s publication back in 2014? With substantial additional attention, Tushnet analyses abusive constitutionalism, the idea of the constituent power, eternity clauses and unconstitutional amendments Recent developments in weak- and strong-form constitutional review are given fresh analysis, as well as an expanded consideration of third generation rights. Addressing the key issues of constitutional design and structure, this second edition will serve as an excellent up-to-date resource for students and scholars of comparative constitutional law.Trade Review'In terms of succinctness, readability and sophistication, probably the best advanced introduction to comparative constitutional law you can find in under 150 pages.' --Mattias Kumm, New York University, School of Law, USTable of ContentsContents: 1. Introduction: comparative constitutional law – history and contours 2. Constitution-making 3. The structures of constitutional review and some implications for substantive constitutional law 4. The structure of rights analysis: proportionality, rules and international law 5. The structure of government 6. Conclusion References Index

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Book SynopsisConstitutions and Religion is the first major reference work in the emerging field of comparative constitutional law and religion. It offers a nuanced array of perspectives on various models for the treatment of religion in domestic and supranational legal orders. Arranged into five main sections, the Research Handbook addresses a range of topics through the lens of comparative constitutional law, including history, concepts and theories; models of managing religion; the politics of religion; supranational constitutionalism and challenges and controversies. The contributors take an interdisciplinary approach to survey historical, legal, political and philosophical views of the contemporary multifaceted treatment of religion within the constitutional order. Chapters explore in depth the interplay between domestic, European and international law, the interaction of the traditions of the major religions with the constitutional ordering of religion and the state, as well as the key challenges brought about by the repoliticizisation of religion. This innovative Research Handbook will be a definitive resource for academics and students interested in religious studies, international and European Union law, international relations, comparative constitutionalism, history, legal and political theory, and sociology.Trade Review‘Mancini’s compilation and encapsulation of different religions and their relation to a nation’s constitution, including supranational constitutionalism, should capture the wide attention of students, human rights activists, judges, practitioners, and researchers as it contributes to the contemporary debate on the role of religion in politics.’ -- Nazia Khan, Journal of Law and Religion‘A comprehensive, fascinating survey which brings together leading experts working at the cutting edge of contemporary debates about comparative constitutional law and religion.’ -- Cécile Laborde, University of Oxford, UK'A comprehensive, fascinating survey which brings together leading experts working at the cutting edge of contemporary debates about comparative constitutional law and religion.' -- Cecile Laborde, University of Oxford, UK'Deftly edited by Susanna Mancini, this volume is a great synthetic overview of some of the most important constitutional issues of our time. It will be indispensable for anyone seeking to understand the role of contemporary constitutionalism.' -- Robert Post, Yale Law School, USTable of ContentsContents: 1 Introduction: constitutionalism and religion in an age of consolidation and turmoil 1 Susanna Mancini PART I HISTORY, CONCEPTS, THEORIES 2 Constitution and secularism: a Western account 21 Michel Rosenfeld 3 Secularism’s others: the legal regulation of religion and hierarchy of citizenship 41 Ratna Kapur 4 The theoretical framework of modern Islamic constitutionalism 59 Andrew F. March 5 The modern architecture of religious freedom as a fundamental right 75 Peter G. Danchin PART II CONSTITUTIONAL COEXISTENCE: MODELS OF MANAGING RELIGION AND THE STATE 6 Constitutional models of law and religion relations in Western Europe 96 Silvio Ferrari 7 Constitutionalism and religion in common law North America 111 Dia Dabby and Jean-François Gaudreault-DesBiens 8 Religious freedom in Latin American constitutions: from freedom from the Catholic Church to freedom from “gender ideology” 139 Julieta Lemaitre Ripoll 9 Constitutions and religion in Africa 157 Charles Manga Fombad 10 Islam, Sharia and comparative constitutionalism 172 Abdullahi Ahmed An-Na‘im 11 Managing religion and difference: ancient constitutionalism in the Theravāda Buddhist tradition and the transformative impact of the modernist and post-colonial turn 184 Roshan de Silva-Wijeyeratne 12 Constitutionalism and religion in a Jewish and democratic state 208 Gila Stopler 13 Reforming religion: the Indian Constitution, the courts and Hinduism 222 Ronojoy Sen 14 Three models of church-state relations in contemporary Russia 237 Kristina Stoeckl PART III THE CONSTITUTION AND POLITICS OF RELIGION 15 Religion in constitution-making processes: comparative perspectives 253 Francesco Biagi 16 Religion and political parties 272 Luca Ozzano PART IV RELIGION AND SUPRANATIONAL CONSTITUTIONALISM 17 Individual religious freedom under the European Convention of Human Rights 286 András Sajó and Renáta Uitz 18 Religion in the constitutional order of the European Union 307 Ronan McCrea 19 Religion and human rights 321 Christopher McCrudden PART V CHALLENGES AND CONTROVERSIES 20 Gender justice and religious freedom in the post-secular age 347 Susanna Mancini and Elena L. Cohen 21 Religious conscientious objection: a troubled path 370 Isabelle Rorive and Ana Maria Corrêa 22 Constitutional law and the integration of Islam in Europe 383 Christian Joppke 23 Blasphemy, freedom of expression and the role of constitutional rights: the case of Ireland 399 Neville Cox 24 Pluralism and personal laws in India 415 Farrah Ahmed Index 433

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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 SynopsisDrawing insights from economics and political science, Judging Regulators explains why the administrative law of the US and the UK has radically diverged from each other on questions of law, fact, and discretion. This book proposes an original interdisciplinary theory that integrates the concept of veto-gates into a strategic model of judicial review of administrative action. It argues that long-term changes in the number of effective veto-gates in the US and the UK are the key to understanding the antithesis that emerged between their administrative jurisprudence. It then forecasts the future of Anglo-American administrative law in light of recent destabilizing political developments, such as attempts by the US Congress to abolish Chevron deference and the UK Supreme Court's interventionist decision in R (on the application of Miller) v. The Prime Minister. A crucial overview of the history and future of administrative law, this book is critical reading for scholars and students of public law and comparative law, particularly those focusing on comparative administrative law in common law contexts. Its theoretical insights will also be useful for political scientists and economists interested in judicial politics and regulation.Trade Review'A wonderful example of interdisciplinary comparative scholarship and an extremely insightful analysis of the different trajectories of administrative law in the United States and the United Kingdom. This is a must-read for public law scholars of all kinds.' --Mila Versteeg, University of Virginia, School of Law, USTable of ContentsContents: 1. Antithesis in Anglo-American Administrative Common Law 2. A Veto-gate Theory of Administrative Common Law 3. Law and the Regulatory State 4. Judicial Review of Administrative Statutory Interpretation 5. Judicial Review of Administrative Factfinding and Discretion 6. Closing Remarks Index

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Book SynopsisGovernment rules and inspectors can be an important tool to ensure trust in markets, and to protect citizens against hazards. There is, however, a perception that businesses and individuals only comply with rules because of the threat of punishment. From Chasing Violations to Managing Risks examines what actually makes people change their behaviour and how to effectively achieve the objectives of regulations.Building on decades of research, Florentin Blanc examines the development of inspection institutions and their practices, and assesses their varying effectiveness, and the reasons behind this. Bringing together historical, theoretical, and practical perspectives, Blanc provides '?large scale?' testing of models through comparative case studies considering practices and their outcomes. By examining case studies, Blanc also assesses how inspection institutions might accomplish better results with less bureaucracy, comparing in particular occupational safety across France, Germany and Great Britain, identifying the key differences between the three, and asking how Britain has achieved a better safety record with fewer inspections (but more efforts to manage risks through other instruments).This book will be invaluable for practitioners of regulatory reform and public administration, as well as for students and researchers of these topics who will benefit from the unique synthesis of historical, theoretical and practical perspectives on the subject.Trade Review'A serious historical and empirical examination of inspections is long overdue and this is it. Florentin Blanc has perfect credentials based on widespread global experience and academic rigour to undertake this task and succeeds brilliantly. He highlights the evidence on the use, effectiveness and limitations of inspections as a technique, which should be pondered by all regulators and governments.' --Christopher Hodges, University of Oxford, UKTable of ContentsContents: 1. Introduction 2. Inspections, risks and circumstances: historical development, diversity of structures and practices 3. Theoretical underpinnings: costs and effectiveness, compliance drivers, discretion issues, risks and regulation 4. Inspections and enforcement: a view from the practice 5. Conclusion Bibliography Index

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Book Synopsis'This book fills a gap in IP law. There are many publications on substantive and procedural law in IP litigation. But it was impossible to find a book that addresses the role of the judiciary in IP like this one does. It provides unique insights into the matter from a variety of angles. It brings together editors and authors from the bench, the bar and academia coming from all over Europe, the US and Japan. This book is a must-have for everyone who has an interest in international IP litigation.'- Klaus Grabinski, Justice, Federal Court of Justice (Bundesgerichtshof), Germany'This volume makes an important contribution to our understanding of the contours of intellectual property protection through a critical examination of the global trend to adjudicate IP disputes in specialized courts. The editors have assembled an extraordinary group of scholars, practitioners and judges to compare their experiences with various adjudicatory structures.'- Rochelle Dreyfuss, New York University, School of Law, USIntellectual Property and the Judiciary examines the role of judges in the development, interpretation, and application of intellectual property (IP) law and norms. In this regard, the authors engage in a comparative analysis of various national, European and international court systems while also exploring the competing and complementary roles of legislators and executive actors. Each chapter seeks to capture the comparative institutional advantages of government bodies within existing legal frameworks as well as offering a thorough examination of both the common law and civil law traditions in the context of judicial treatment of IP. The result is a series of proposals relating to the architecture of judiciaries and the functional role of judges with the goal of optimally positioning jurists to address complex issues and advance IP doctrine and policy. Featuring high-level authors from both academia and practice, the book will be of great interest to academic researchers and practicing lawyers who have a focus on IP. It will be of particular value to those who are engaged in the rapidly changing enforcement environment of intellectual property rights.Contributors include: V. Cassiers, M. Ekvad, S. Frankel, C. Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T. Kandeva, S. Lugienbuehl, B. Lynn, S. Martin, C. Mulder, M.O. Müller, C. Nard, K. O'Malley, C.S. Petersen, A. Plomer, J. Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Mühlendahl, G. Würtenberger, P. YuTrade Review'This well-chosen collection of scholarly, but readable, papers resonates with the work of the WIPO Advisory Committee on Enforcement, where Member States are exchanging experiences on resolving IP disputes in a balanced, holistic and effective manner. It will surely advance the global debate on judicial specialization and institutional arrangements.' --Louise van Greunen, World Intellectual Property Organization (WIPO), Switzerland.'Whether criticized as ''activist'' judges or applauded for their rulings, adjudicating IP is never an easy task. Judges must face complex IP laws, rapidly evolving markets, as well as fundamental social implications and ethical dilemmas. In this book, leading scholars from around the world provide a comprehensive picture of these challenges, offering valuable insights regarding global IP adjudication.' --Raquel Xalabarder, The Open University of Catalonia, Spain'Intellectual Property and the Judiciary is a milestone. The in-depth analysis of judiciary practice ranges from typical intellectual property settings to human rights and dispute settlement contexts. It compares national, regional and international experiences. The book is an absolute must for all practitioners and academics seeking to understand the dynamics of judicial decision-making in the field.' --Martin Senftleben, Vrije Universiteit Amsterdam, the NetherlandsTable of ContentsContents: Introduction Christophe Geiger, Craig Allen Nard and Xavier Seuba Part I Intellectual Property and European Courts Section 1. Intellectual Property and the European Court of Human Rights 1. Intellectual Property before the European Court of Human Rights Christophe Geiger and Elena Izyumenko 2. The European Court of Human Rights: An Unlikely Forum for the Enforcement of IP Rights Aurora Plomer 3. Copyright and the Human Right to Property: a European and International Case Law Approach Thomas Cottier Section 2. Intellectual Property and the Court of Justice of the European Union 4. Taking Power Tools to the Acquis - The Court of Justice, the Charter of Fundamental Rights and European Union Copyright Law Jonathan Griffiths 5. Intellectual Property Law made by the Court of Justice of the European Union Vincent Cassiers and Alain Strowel 6. The Role of the European Court of Justice in the European Patent Court System Stefan Luginbuehl and Teodora Kandeva Section 3. Intellectual Property and the Unified Patent Court 7. Decision-making in the Unified Patent Court: Ensuring a Balanced Approach Clement Salung Petersen and Jens Schovsbo 8. The Patent Mediation and Arbitration Centre: A Centre of Opportunities Sam Granata 9. Scientific Complexity and Patent Adjudication: The Technical Judges of the Unified Patent Court Xavier Seuba Section 4. Intellectual Property and European Quasi-Judicial Bodies (European Patent Office, European Union Intellectual Property Office and Community Plant Variety Office) 10. The Procedural Rules in Appeal Proceedings before the European Patent Office Cees Mulder and Marcus Müller 11. The Functioning of the Community Plant Variety Office Board of Appeal Martin Ekvad 12. Position of the Board of Appeal in the Legal Protection System for Community Plant Variety Rights Gert Würtenberger 13. The Boards of Appeal of the European Union Intellectual Property Office: an Alien within the Landscape of European Administrative Law! Stefan Martin 14. The Boards of Appeal of the European Union Intellectual Property Office Alexander von Mühlendahl Part II Intellectual Property and courts in the United States and Japan 15. The Proposed Structure and Function of the Unified Patent Court: Lessons from the American Judicial Experience The Honorable Kathleen M O’Malley and The Honorable Barbara M G Lynn 16. The Best Practice for Patent Judiciary: Lessons from another Experiment on Specialized Adjudication for Patent Cases in Japan Toshiko Takenaka 17. Europe’s Bold Experiment: Lessons Learned from America’s Patent Law Experience Craig Allen Nard Part III Intellectual Property and International Adjudication 18. The Interpretation of International Intellectual Property Instruments in National, Regional and International Courts and Tribunals Susy Frankel 19. Investor-State Dispute Settlement and the Trans-Pacific Partnership Peter K Yu 20. Does the WTO Appellate Body ‘Make’ IP Law? Daniel Gervais Index

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Book SynopsisConstitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies ? empirical, historical, philosophical and textual analysis ? in the effort to provide a comprehensive look at a generation of constitutional change across two continents. The authors document surprising changes, including the relative decline in the importance of U.S. constitutional jurisprudence outside U.S. borders and the growing exchange of Latin American constitutional thought with Europe and beyond. Accompanying commentary elaborates on the role of constitutional law in global changes in political, social and economic power and influence. The chapters also prompt thinking about a wide range of topics important not just in the Americas, but across the world, including the challenges and implications of using legal transplants and, conversely, the utility and potential of borrowing and adapting constitutional and other legal models to different realities. This book is useful not only for advanced students of constitutional law and theory but also for students new to the area and eager to tap into the newest thinking about constitutional law and law-making in the Americas and elsewhere.Contributors include: D. Bonilla Maldonado, J. Couso, C. Crawford, J.L. Esquirol, R. Gargarella, T. Ginsburg, T.K. Hernandez, D. Landau, D.S. Law, F. Nicola, F. Pou GiménezTable of ContentsContents: 1. Introduction Daniel Bonilla Maldonado and Colin Crawford PART I The Relationship Between Latin American and U.S. Constitutionalism 2. The Political Economy of Legal Knowledge Daniel Bonilla Maldonado 3. The Geopolitics of Constitutionalism in Latin America Jorge L. Esquirol PART II Latin American Constitutionalism 4. Constitutionalism in the Americas: A Comparison between the U.S. and Latin America Roberto Gargarella 5. Back to the Future? The return of sovereignty and the principle of non-intervention in the internal affairs of the states in Latin America’s “radical constitutionalism” Javier Couso 6. Constitutionalism old, new and unbound: the case of Mexico Francisca Pou Giménez 7. Socioeconomic Rights and Majoritarian Courts in Latin America David Landau PART III U.S. constitutionalism in the 21st century 8. Constitutional Drafting in Latin America: A Quantitative Perspective David S. Law and Tom Ginsburg 9. The Global Diffusion of U.S. Legal Thought: Changing Influence, National Security and Legal Education in Crisis Fernanda Nicola 10. The Limits of U.S. Racial Equality Without a Latin American Constitutional “Right to Work” – A Thought Experiment Tanya Katerí Hernández Name Index Subject Index

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Book SynopsisThis insightful research review provides an analysis of the modern literature on foreign relations law. The topics explored include; the history of foreign relations law, the role of the courts in adjudicating foreign affairs disputes, executive power over foreign affairs, the domestic status of treaties, the phenomenon of executive agreements, the judicial application of customary international law, and the distribution of authority over war powers. The review provides a unique birds-eye view of the entire field and promises to be an invaluable tool for academics as well as a fascinating read for those interested in the subject.Trade Review‘Curt Bradley has collected some of the most influential scholarship, representing diverse perspectives, on US foreign relations law. The compilation should both remind experts of old classics and give newcomers a thoughtfully curated introduction to the doctrines, theories, and debates that define this area of US law. It is a very welcome addition to the scene, by one of the field's leading lights.’ -- Monica Hakimi, University of Michigan Law School, USTable of ContentsVolume I Contents: Acknowledgments Introduction Curtis A. Bradley PART I HISTORY AND CONCEPTUALIZATION OF THE FIELD 1. G. Edward White (1999), ‘The Transformation of the Constitutional Regime of Foreign Relations’, Virginia Law Review, 85 (1), February, 1-150 2. Ganesh Sitaraman and Ingrid Wuerth (2015), ‘The Normalization of Foreign Relations Law’, Harvard Law Review, 128 (7), 1897–979 3. Curtis A. Bradley (2015), ‘Foreign Relations Law and the Purported Shift Away From “Exceptionalism”’, Harvard Law Review, 86 (2), March, 294–304 PART II ROLE OF THE COURTS AND DEFERENCE TO THE EXECUTIVE 4. Harold Hongju Koh (1988), ‘Why the President (Almost) Always Wins in Foreign Affairs: Lessons of the Iran-Contra Affair’, Yale Law Journal, 97 (7), June, 1255–1342 5. Eric A. Posner and Cass R. Sunstein (2007), ‘Chevronizing Foreign Relations Law’, Yale Law Journal, 116 (6), April, 1170–1228 6. Derek Jinks and Neal Kumar Katyal (2007), ‘Disregarding Foreign Relations Law’, Yale Law Journal, 116 (6), April, 1230–83 PART III EXECUTIVE POWER OVER FOREIGN AFFAIRS 7. Michael J. Glennon (1988), ‘Two Views of Presidential Foreign Affairs Power: Little v. Barreme or Curtis-Wright?’, Yale Journal of International Law, 13 (5), November, 5–20 8. Saikrishna B. Prakash and Michael D. Ramsey (2001), ‘The Executive Power over Foreign Affairs’, Yale Law Journal, 111 (2), November, 231–356 9. Curtis A. Bradley and Martin S. Flaherty (2004), ‘Executive Power Essentialism and Foreign Affairs’, Michigan Law Review, 102, February, 545–688 PART IV TREATIES IN DOMESTIC LAW 10. Carlos Manuel Vázquez (1995), ‘The Four Doctrines of Self-Executing Treaties’, American Journal of International Law, 89 (4), February, 695–723 11. Curtis A. Bradley (2008), ‘Self-Execution and Treaty Duality’, Supreme Court Review, 1, 131–82 [52] Index Volume II Contents: Acknowledgements Introduction An introduction to both volumes by the editor appears in Volume I PART I TREATIES AND FEDERALISM 1. Curtis A. Bradley (1998), ‘The Treaty Power and American Federalism’, Michigan Law Review, 97, 390–461 2. Duncan B. Hollis (2006), ‘Executive Federalism: Forging New Federalist Constraints on the Treaty Power’, Southern California Law Review, 79, April, 1327–95 PART II EXECUTIVE AGREEMENTS 3. Bruce Ackerman and David Golove (1995), ‘Is NAFTA Constitutional?’, Harvard Law Review, 108 (4), February, 799–929 4. Oona A. Hathaway (2008), ‘Treaties’ End: The Past, Present, and Future of International Lawmaking in the United States’, Yale Law Journal, 117, April, 1236–1372 PART III CUSTOMARY INTERNATIONAL LAW IN THE U.S. LEGAL SYSTEM 5. Curtis A. Bradley and Jack L. Goldsmith (1997), ‘Customary International Law As Federal Common Law: A Critique of The Modern Position’, Harvard Law Review, 110 (4), February, 815–76 6. Harold Hongju Koh (1998), ‘Is International Law Really State Law?’, Harvard Law Review, 111 (7), May, 1824–61 7. Curtis A. Bradley and Jack L. Goldsmith (1998), ‘Federal Courts and The Incorporation of International Law’, Harvard Law Review, 111 (8), June, 2260–75 PART IV WAR POWERS 8. John Hart Ely (1988), ‘Suppose Congress Wanted a War Powers Act That Worked’, Columbia Law Review, 88 (7), 1379–1431 9. John C. Yoo (1996), ‘The Continuation of Politics by Other Means: The Original Understanding of War Powers’, California Law Review, 84 (2), March, 167–305 10. Michael D. Ramsey (2002), ‘Textualism and War Powers’, University of Chicago Law Review, 69, October, 1543–1638 Index

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Book SynopsisThe contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community. Authoritarian Constitutionalism is of great interest to teachers, scholars and students of comparative constitutional law, comparative politics, and legal and political theory.Contributors include: H. Alviar García, D. Davis, M.W. Dowdle, O. El Manfalouty, G. Frankenberg, R. Gargarella, J. González Jácome, D. Kennedy, E. Mérieau, S. Newton, N. Spaulding, N. Sultany, M. Wilkinson, H. YamamotoTrade Review'The terms ''authoritarian constitutionalism'' may appear contradictory; but as this rich and far-reaching collection of essays demonstrates it is a widespread phenomenon which must be taken seriously at a time when democracy is under threat worldwide. This superb collection serves variously as an introduction to the topic, a penetrating theoretical and jurisprudential analysis, a new lens from which to view important debates about issues such as nationhood and inequality, and a global examination of the varying forms of authoritarian constitutionalism. It also sheds uncomfortable light on what we take to be exemplary, liberal and democratic constitutionalism. The result is the elaboration of an illuminating framework with which to study global and comparative constitutionalism.' --Tony Anghie, National University of Singapore and University of Utah, US'What if the liberal belief in a Constitution as safeguard and backbone of a democratic, inclusive and egalitarian society turned out to be wrong? The contributors to this extremely well-curated volume provide challenging evidence of the myriad ways in which constitutional texts and practices can and in fact do facilitate, endorse and empower authoritarianism. Calling for a critical reevaluation of liberal constitutionalism, this analysis - from Colombia to the US, Hungary to South Africa, Egypt to Singapore and Japan - is more than just an annotation at the margins of a self-involved, European script of ''global constitutionalism''. It emphasizes the need and value of connecting comparative constitutionalist local ethnographies in ''the North'', ''the South'', the ''West'' and ''the East'' with a thorough analysis of transnational regulatory dynamics.' --Peer Zumbansen, King's College London, UK and Osgoode Hall Law School, York University, CanadaTable of ContentsContents: Preface Günter Frankenberg, Norman Spaulding, Helena Alviar García 1. Authoritarian Constitutionalism – Coming to terms with modernity’s nightmares Günter Frankenberg 2. Neoliberalism as a form of Authoritarian Constitutionalism Helena Alviar García 3. Authoritarian Constitutionalism: The South African Experience Dennis M. Davis 4. Infrastructural Power and its Possibilities for the Constitutional Evolution of Authoritarian Political Systems: Lessons from China Michael W. Dowdle 5. Authoritarian Constitutionalism in the Islamic World-Theoretical Considerations and Comparative Observations on Syria and Turkey Omar El Manfalouty 6. Authoritarian Constitutionalism in Latin America: From Past to Present Roberto Gargarella 7. Authoritarianism and the Narrative Power of Constitutionalism in Venezuela Jorge González-Jácome 8. Authoritarian Constitutionalism in Liberal Democracies Duncan Kennedy 9. French Authoritarian Constitutionalism and its Legacy Eugénie Mérieau 10. Plus ça change …the riddle of all Central Asian constitutions Scott Newton 11. Constitution of False Prophecies: The Illiberal Transformation of Hungary Maximilian Pichl 12. States of Authoritarianism in Liberal Democratic Regimes Norman W. Spaulding 13. Arab Constitutionalism and the Formalism of Authoritarian Constitutionalism Nimer Sultany 14. Authoritarian Liberalism as Authoritarian Constitutionalism Michael A. Wilkinson 15. An Authoritization of Japanese Constitutionalism? Hajime Yamamoto Index

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Book SynopsisThis thought-provoking book investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focused around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain.Analysing a number of issues in relation to constitutional performance, including whether these documents can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty, the author finds written constitutions consistently failing to meet expectations. This innovative book also examines how constitutional idolatry may frustrate and distort constitutional change, and can lead to strong forms of constitutional paternalism emerging within the state. Ultimately, the book argues that idolising written constitutions is a hollow endeavour that will fail to produce better democratic outcomes or help solve increasingly complicated societal problems.Engaging and accessible, Constitutional Idolatry and Democracy will be a key resource for both new and established scholars interested in comparative constitutional law, constitutional theory, law and democracy and written vs. unwritten constitutions.Trade Review‘It is a thought-provoking book, and contains a huge array of ideas, information and literature, some of it slightly out of the way. The author argues his case powerfully, often convincingly, and commendably concisely. . . every public lawyer and student of public law would benefit from reading it to test their assumptions.’ -- David Feldman, Law Quarterly Review‘This is an important and timely intervention.’ -- Tanzil Chowdhury, Public Law‘The distinctive value in Jones’s contribution here is the breadth and depth with which he engages with and analyzes one of the core (but often overlooked) distinctions in constitutional theory.’ -- Edward Willis, I•CON‘What Jones does in this book is to make a bold statement: written constitutions have become idols, and the time is past due for us to put aside the false faith that they are the saviours of society.’ -- Renato Saeger M Costa, University of Queensland Law Journal‘Jones systematically asks the sceptical questions that must be asked in any serious conversation about constitutional codification.’ -- Asanga Welikala, JOTWELL‘Constitutional Idolatry and Democracy is a thought-provoking and timely work that presents its case in an accessible manner.’ -- James R Zink, Governance‘I can’t imagine a better book to discuss in a seminar, whether of students or senior academics.’ -- Sanford Levinson, IACL-AIDC blog'This is a timely intervention in the debates over the necessity, sufficiency and desirability of written constitutions and one which speaks directly to both United States and United Kingdom audiences.' --Janet McLean, University of Auckland, New Zealand'This powerful book explores the limits of written constitutions and the ways in which we idolise them. Jones develops an impressive critique of dominant constitutional thinking, assessing the broader impact of written constitutions on our democracy, our politics and our citizens. The book offers an important challenge to those who assume a written constitution is the best way to reform the UK's political system, and clearly reveals the risks of overstating what written constitutionalism can achieve.' --Michael Gordon, University of Liverpool, UK'In this wide-ranging, innovative, and truly excellent study of constitutional forms, Brian Christopher Jones challenges the conventional wisdom that codified constitutions hold decisive advantages over uncodified ones. From one chapter to the next, Jones takes readers on a voyage around the world, drawing from his rich repository of deep comparative insights to identify, elaborate, and theorize the dangerous consequences of constitutional idolatry that inhere in master-text constitutions. From now on, no defense of constitutional codification will ever be complete without confronting the compelling arguments in this important work.' -- Richard Albert, The University of Texas at Austin, USTable of ContentsContents: 1. What is constitutional idolatry? 2. Venerating a text: some positive aspects of constitutional idolatry 3. Educating the citizenry? 4. The reality of ‘We the People’ constitutional claims 5. Invigorating democracies? 6. A ‘good’ constitution is essential to state survival 7. Constitutional paternalism: the rise and problematic use of constitutional guardian rhetoric 8. Idolatry and constitutional change 9. Constitutional idolatry and democracy: a preliminary conclusion Index

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Book SynopsisLawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.Adjudicating Revolution includes, first, cases in which courts decide to recognize the actions of a de facto regime under a doctrine of necessity, with the objective of maintaining public order. Second, cases where courts directly confront the question of whether a revolution has resulted in the creation of a genuinely new constitutional order. Finally, cases in which courts are asked by state officials to recognize, in advance, the validity of otherwise revolutionary changes (i.e. the irregular creation of a new constitution) proposed by state officials. The book examines, from a theoretical and comparative perspective, judgments from North and Latin America, Europe, Asia, and Africa. Placing the cases in their historical and political context, the authors provide an understanding of key moments in the constitutional history of the relevant jurisdictions.The resulting analysis will be of interest to academics and graduate students of comparative constitutional law and constitutional theory, political science, and related disciplines.Trade Review‘Adjudicating Revolution is an erudite, original and important work on the legal mechanisms by which revolutions become entrenched into societies with the help of judges from the pre-revolutionary time, as well as by other means. The authors are professors of law who take us beyond law into the realms of political science, sociology and philosophy to explore the underpinnings of successful and unsuccessful revolutions in a fascinating work that spans time and place.’ -- Vivian Curran, International Academy of Comparative Law and University of Pittsburgh, US‘The world’s constitutional history is littered with coups and revolutions. Objecting to the constitution in place, politicians and military officers attempt to, purport to, or actually do start to implement policies under the guise of law. Soon enough courts are called upon to determine the legal status of those actions. Through detailed case studies Professors Kay and Colón-Ríos show what the courts have done. Do they invoke law or only the simulacrum of law—and does the distinction matter? The questions raised in this book go to the very foundations of constitutional thinking and the work deserves close attention by constitutional scholars everywhere.’ -- Mark Tushnet, Harvard Law School, US‘Two of our clearest analysts of the source of constitutional authority join forces in a tour de force. Highly recommended!’ -- Tom Ginsburg, University of Chicago Law School, USTable of ContentsContents: 1. Introduction: the law of revolutions 2. Confederate States of America, 1861–96 3. Argentina, 1865–1990 4. Colombia, 1957–2003 5. Rhodesia, 1965–70 6. Spain and Catalonia, 1935–2019 7. Grenada, 1985 8. Peru, 2002–03 9. Fiji, 2001–09 Appendix: Other cases Index

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Book SynopsisIn an era that seeks to challenge the notion of the universality of human rights, this thought-provoking book explores their fundamental nature and considers the work and influence of German legal scholar and constitutional lawyer Robert Alexy, on contemporary jurisprudence and European Union law. What is the justification of balancing versus trading off fundamental rights against other rights and collective goods? Are there utilitarian considerations that can limit the normative force of human rights? Utilising both ''ideal'' and ''critical'' perspectives, this innovative book focuses on those inevitable questions which lie at the heart of any contemporary human rights discourse, as the premise of the dual nature of law is developed. A corresponding 'normative' perspective seeks to investigate the broader legal domains of the topic. This analytical book will be a key resource for students and scholars working in the fields of jurisprudence and legal theory, history and philosophy of law and comparative and EU law alike.Trade Review'The Quest for Rights explores both the meaning of, and justification for, fundamental constitutional rights. It is a quest to establish a strong meaning of the normativity of law, and its role in the social acts of positive law and legal instantiation. The incredibly varied contributions philosophically and critically engage with the thesis of Robert Alexy's ideal dimension of law, and offer a wide discussion of political and legal reasoning alongside the quest for proportionality in the realization of rights. This masterful book should be considered key reading in legal philosophy.' --Jean-Yves Cherot, Aix Marseille University, France'The Quest for Rights brings together an impressive array of scholars to discuss the central issues of human rights and constitutional law: grounds and legitimacy, pluralism and harmonisation, and proportionality and balancing. It is an admirable collection.' --Brian H. Bix, University of Minnesota Law School, US'The book offers an original discussion about law and rights and substantial contributions to the concept of subjective rights which, as Niklas Luhmann said, ''is probably the most important achievement of the evolution of law in modern times.'' It covers rights discourse in legal theory, in the human rights régime, in constitutional law and in private law and focuses on the relation between rights and justice, in which the ideal dimension of law is to be found.' --Thomas Gutmann, University of Muenster, GermanyTable of ContentsContents: Introduction Massimo La Torre, Leone Niglia and Mart Susi 1. A Non-Positivistic Concept of Constitutional Rights Robert Alexy 2. Radbruch’s Formula and Human Rights Martin Borowski 3. The Practice-Independency of Human Rights Luís Pereira Coutinho 4. Constitutional Rights as Moral Judgments Pavlos Eleftheriadis 5. A Response to Estonian Critics of Principles Theory Madis Ernits 6. How Right is the Basis of Law Matthias Kaufmann 7. Turning proportionality upside down: from legitimising principle to critical tool Agustín José Menéndez 8. Human Rights are not Universal and can not be Natural Rein Müllerson 9. Between “Institutionalizing Reason” and Private Law: A Comparative Map of Influences Leone Niglia 10. Balancing fundamental rights on the Internet – proportionality paradigm and private online capabilities Mart Susi 11. An Existential Foundation for Human Rights— Meaning Before Justification Massimo La Torre 12. Principles and policies: once more Kaarlo Tuori Index

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Book SynopsisIn recent years, the international engagement of the EU's decentralized agencies has continued to increase in the absence of a clear political and legal framework for their activities. This timely book addresses urgent questions about these agencies' external actions and their effects, how these should be conceptualized and assessed, and how they can and should be governed in the future. Bringing together pioneering interdisciplinary work from European legal and political scholars, this book combines theory with empirical case studies to explore an underdeveloped field and identify a future research agenda. Chapters first comprehensively examine the relevant legal frameworks and the political aspects of these decentralized agencies' external activities, before exploring the questions this raises around their own and the EU's legitimacy and accountability, and the impact of agencies on countries outside the EU who have dealings with them. Scholars in law, political science, economics and public administration will find this book invaluable, particularly those working on external relations, agencification or institutional innovation. It will also prove useful to policymakers at EU and national level, as well as other stakeholders such as non-EU countries and international organizations.Trade Review'This book does pioneering work. It is, of course, common knowledge that our polities depend upon ever more finely tuned regulatory support. What this book makes us aware of is the transnational follow-up to this insight. Gaining control of globalization processes will require ever more co-operation. It is high time that we explore this irresistible development, and an important step has now been taken.' --Christian Joerges, Hertie School of Governance, Germany'The chapters in this book provide for a fuller understanding of the EU's international presence, and of the various venues and fora which contribute to the external diffusion of its acquis communautaire.' --Sandra Lavenex, University of Geneva, SwitzerlandTable of ContentsContents: Introduction Merijn Chamon, Ellen Vos and Herwig Hofmann Part I: EU agencies’ external action: the legal framework 1. Constitutional limits to the EU agencies’ external relations Merijn Chamon and Valerie Demedts 2. The cooperation between the European Border and Coast Guard Agency and third countries according to the new ‘Frontex’ Regulation: legal and practical implications Florin Coman-Kund 3. Cooperation of Europol and Eurojust with external partners in the fight against crime: a legal appraisal Chloé Brière Part II: EU agencies’ external action: a political science perspective 4. Normative power Frontex? Assessing agency cooperation with third countries Helena Ekelund 5. EU agencies – agents of policy diffusion beyond the EU Sevasti Chatzopoulou Part III: EU agencies’ external action: legitimacy and accountability 6. Reinforcing EU financial bodies’ participation in global networks: addressing legitimacy gaps? Maurizia De Bellis 7. Accountability challenges for EU agencies in the context of third country equivalence assessments Pieter Van Cleynenbreugel 8. EU Agencies’ External Activities and the European Ombudsman Marco Inglese Part IV: EU agencies’ external action: impact on third countries 9. Transferring the Acquis through EU Agencies: The Case of the European Neighbourhood Policy Countries Dovile Rimkutė and Karina Shyrokykh 10. Third countries in EU agencies: Participation and Influence Marja-Liisa Öberg Index

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Book SynopsisThis insightful book guides readers through the transformation of, and theoretical challenges posed by, the separation of powers in national contexts. Building on the notion that the traditional tripartite structure of the separation of powers has undergone a significant process of fragmentation and expansion, this book identifies and illustrates the most pressing and intriguing aspects of the separation of powers in contemporary constitutional systems. Chapters explore the social foundations of the doctrine of the separation of powers, its relationship to direct democracy, the role of constitutional courts and the rise of the administrative state. Expert contributors analyse power structures and the separation of powers across new constitutions in central Europe, examining the transformations of political parties and testing the limits of the doctrine alongside a reimagining of the judicial review process. This timely book concludes with a historical perspective on the doctrine and a case study considering a possible new separation of powers in North Africa and the Middle East. This unique book will be of interest to students and academics of comparative constitutional law, as well as constitutional and political theorists, lawyers and judges.Trade Review'In reflecting on the separation of powers, the authors of this diverse collection of essays engage fruitfully with Giovanni Bognetti's basic insight (famously enlivened by the Baron de Montesquieu himself) that the best constitutional theory is sensitive to time and place, and to the ever-changing political, social and economic landscapes of governance.' -- Peter Cane, Christ's College, Cambridge, UK'The book is an important, timely and rich contribution to modern constitutional theory on separation of powers. Separation of powers and its contemporary challenges are analyzed in light of the modern political, societal and global context drawing on comparative perspectives. It is a very interesting and dynamic book which provides the reader with a broad picture of the current debates on separation of powers and on how to find the balance between the original fundamental principle on which many democracies are built and the need to redefine its meaning in a modern, global and comparative context.' -- Helle Krunke, University of Copenhagen, Denmark'The indefatigable trio of Baraggia, Fasone and Vanoni have once again joined forces to produce an exciting and innovative resource for scholars in public law. This cutting-edge book brings together leading authorities in constitutional studies to diagnose and contextualize the present and future of the separation of powers. The editors have curated a brilliant set of chapters shining comparative, historical and theoretical light on enduring and emerging questions that will now have better answers thanks to this book.' -- Richard Albert, The University of Texas at Austin, USTable of ContentsContents: 1 Introduction 1 Vincenzo Zeno-Zencovich PART I THE THEORETICAL CHALLENGES TO THE CLASSICAL SEPARATION OF POWERS DOCTRINE 2 Introduction to Part I 7 Andrea Pin 3 Revitalising the social foundations of the separation of powers? 10 Eoin Carolan 4 Direct democracy and the separation of powers 30 Zoltán Pozsár-Szentmiklósy 5 New challenges to the separation of powers: the role of constitutional courts 45 Luca Pietro Vanoni 6 The rise of conditionality within the global administrative space: a challenge for the separation of powers 77 Antonia Baraggia PART II TRANSFORMATIONS OF THE SEPARATION OF POWERS IN NATIONAL CONTEXT 7 Introduction to Part II 101 Francesco Clementi 8 The separation of powers in new constitutions 104 Francois Venter 9 Unpacking the separation of powers 123 Jiří Baroš, Pavel Dufek and David Kosař 10 The transformation of political parties and the guardians of the Constitution: the evolution of the power structure in the Italian system 143 Stefania Leone and Irene Pellizzone PART III THE SEPARATION OF POWERS UNDER PRESSURE 11 Introduction to Part III 165 Arianna Vedaschi 12 “The symbolic jurisprudence”: Theorizing constitutional (re)capture, testing the limits of separation of powers and reimagining the judicial review 179 Tomasz Tadeusz Koncewicz 13 EU “strict conditionality” from the perspective of the separation of powers 202 Ioannis A. Tassopoulos 14 North Africa and the Middle East after the Arab uprisings: a new separation of powers? 223 Francesco Biagi 15 Conclusion 243 Miryam Iacometti Index 252

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Book SynopsisAt a time when public administrations are increasingly subjected to transparency requirements this book provides timely analysis on the role of transparency in the context of public procurement within the EU. It provides a blend of theoretical analysis and practical insights into the operation of freedom of information requirements associated with the expenditure of public funds through purchasing, contracting out and commissioning activities. The first part of the book critically assesses a number of key issues surrounding transparency in public procurement including: corruption prevention, competition, commercial issues and access to remedies. The second part of the book features contributions from leading experts across ten European jurisdictions, providing a comparative view of transparency requirements and freedom of information rules in the context of public procurement. Overall the book provides a conceptual framework to understand the relationship between business secrets, freedom of information rules and the regulation of public procurement across Europe. This book will be of interest to scholars and students researching across public, administrative and comparative law. Practising lawyers who are involved with cross-border procurement tenders will also find this book to be a useful resource as it provides a comprehensive overview of regulatory standards at a national and European level.Trade Review'Transparency is a central plank of procurement law and policy, but is not a fishing licence for competitors. This important addition to the literature on procurement offers major contributions to our understanding of these issues in various European jurisdictions. It's a ''must have'' work for everyone interested in procurement law and practice.' --Laurence Gormley, University of Groningen, the Netherlands'An essential book in the exploration of European procurement law. It shows that beyond the rules of transparency imposed by the directives, a wide scope is left to national discretion, particularly as regards publicity after the award of the contract. Although transparency is certainly a general principle of European public procurement law, and a strategic one, its concrete implementation is therefore subject to significant variations. The book renders an important service to future reflections on European procurement law by demonstrating this reality.' --Jean-Bernard Auby, University of Sciences Po, FranceTable of ContentsContents: 1. Transparency in EU Procurements: An Introduction. Kirsi-Maria Halonen, Roberto Caranta and Albert Sanchez-Graells 2. Many faces of transparency in public procurement Kirsi-Maria Halonen 3. Transparency and competition in public procurement: A comparative view on their difficult balance Albert Sanchez-Graells 4. Procurement transparency as a gateway for procurement remedies Roberto Caranta 5. Transparency in Procurement by the EU Institutions Albert Sanchez-Graells 6. Transparency and access to information in public procurement procedures in Denmark Carina Risvig Hamer 7. Transparency in Public Procurement - experiences from Finland Pilvi Takala and Suvituulia Taponen 8. Disclosure rules within public procurement procedures and during contract implementation in France Tiphaine Blay 9. Disclosure rules within public procurement procedures and during contract period - German country report Martin Burgi and Marinus Pöhlmann 10. Disclosure of public procurement documents in Italy: a major effort in the fight against corruption, but still to be completed Mario E. Comba 11. Disclosure rules applicable to public procurement procedures and during contract period. The case of Poland Piotr Bogdanowicz 12. Transparency in Public Procurement in Romania: Formal Compliance, Obscure Hidden Agendas Bogdana Neamtu and Dacian C. Dragos 13. Transparency in public procurement in the Spanish legal system Patricia Valcárcel Fernández 14. Disclosure rules within public procurement procedures and during contract period in the United Kingdom Paul Henty and Rory Ashmore Index

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Book SynopsisExtraterritoriality in East Asia examines the approaches of China, Japan, and South Korea to exercising legal authority over crimes committed outside their borders. It considers examples of legislation and judicial decision-making and offers a deeper understanding of the topic from the perspective of this legally, politically, and economically significant region.Beginning with a foundational overview of the principles of jurisdiction in international law, as well as identifying current challenges to those principles, subsequent chapters analyse the ways in which extraterritorial jurisdiction operates and is regulated in China, Japan, and South Korea.Danielle Ireland-Piper contextualizes contemporary issues within a historical narrative of each country and concludes by exploring areas of convergence and divergence between them. This book will be of particular interest to scholars and students of comparative, criminal, constitutional, and international law, as well as international relations, especially in the context of East Asia. Law-makers and practitioners, such as criminal lawyers and prosecutors, will also find its contemporary analysis useful.Trade Review‘Ireland-Piper’s book brings together three nations that have been under-studied in the English language literature, both individually and comparatively. Through concise and eloquent writing, Ireland-Piper has amply achieved her two stated aims. Readers will gain a contextualised understanding of how extraterritorial jurisdiction (especially vis-a`-vis prescriptive extraterritorial criminal jurisdiction) operates in the three nations, and appreciate the convergences and divergences between them. In short, this book equips readers with a solid starting point for further research into this important subject.’ -- Jianlin Chen, Australian Journal of Asian Law'In Extraterritoriality in East Asia: Extraterritorial Criminal Jurisdiction in China, Japan, and South Korea, Danielle Ireland-Piper has again demonstrated her comprehensive knowledge, and sharp analysis, of some of the most complex and most pressing legal issues of our time. Her insights, combined with those of her co-authors, and the clarity with which she expresses them, creates an invaluable resource both for those seeking to understand the law as it stands and for those who ponder how it can be improved.' -- Dan Svantesson, Bond University, Australia'A fabulous resource. Significant literature assesses the extraterritorial application of criminal law and the uses of extraterritorial jurisdiction by the United States and Europe. Few English language resources, however, analyze the phenomenon elsewhere. This terrific book--thoughtful in its approach and carefully balanced in its analysis--fills an important gap, providing a glimpse into East Asia practices. Through three country studies, the book provides a rich exploration of the uses of extraterritorial criminal jurisdiction within specific constitutional contexts, while touching on implications for international law's jurisdictional principles. Danielle Ireland-Piper has crafted a must-read for those wanting to understand how extraterritorial criminal jurisdiction operates in China, Japan, and South Korea.' -- Austen Parrish, Indiana University Maurer School of Law, USTable of ContentsContents: 1. Introduction: Danielle Ireland-Piper 2. Recapping principles of jurisdiction at international law: Danielle Ireland-Piper 3. China and extraterritorial criminal jurisdiction: Sanzhuan Guo and Danielle Ireland-Piper 4. Japan and extraterritorial criminal jurisdiction: Danielle Ireland-Piper and Machiko Kanetake 5. South Korea and extraterritorial criminal jurisdiction: Heetae (Andrew) Bae and Danielle Ireland-Piper 6. Convergence and divergence in the regulation of extraterritorial criminal jurisdiction in China, Japan, and South Korea: Danielle Ireland-Piper Index

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Book SynopsisThis timely book provides an astute assessment of the institutional and constitutional boundaries, interactions and tensions between the different levels of governance in EU criminal justice. Probing the conceptual and theoretical underpinnings of the EU's approach to transnational crime, it proposes improved mechanisms for public participation in the governance of EU criminal law, designed to ensure better transparency, accountability and democratic controls.Influential scholars from across Europe analyse key practical challenges to the governance of EU criminal law in the context of specific crimes, including financial crime, cybercrime and environmental crime. Offering sector-specific perspectives on tackling transnational crime, insightful chapters examine the potential options for criminal-law cooperation between the EU and the UK after Brexit, and consider to what extent these avenues may represent enhanced mechanisms for the governance of transnational crimes and common security threats in the future.This important study will prove crucial reading for academics, researchers and postgraduate students examining EU, transnational and comparative criminal law, as well as European integration studies and constitutional law more broadly. Practitioners and policy-makers working in the EU's Area of Freedom, Security and Justice will also benefit from this book's practical insights into the mechanisms of EU law and justice.Trade Review‘This edited collection delivers a wide picture of the “governance of criminal justice” landscape in the EU, focusing on its very important aspects and legal argumentation. The authors address key questions regarding the present state and challenges for the future. Due to the complexity of the issues involved, the main subject matter has been appropriately considered from a multi-layered approach: international, transnational, supranational and national. In summary, the book is a significant contribution to the ongoing debate about criminal justice in the EU and it effectively deals with a subject that has gained enormous importance in recent years. It is a valuable resource for anyone with an interest in this area of research.’ -- Joanna Beata Banach-Gutierrez Olsztyn, The Common Market Law ReviewTable of ContentsContents: 1 Introduction 1 Ricardo Pereira, Annegret Engel and Samuli Mietinnen PART I MULTI-LEVEL CRIMINAL JUSTICE GOVERNANCE IN THE EUROPEAN UNION: CONSTITUTIONAL DIMENSIONS 2 After Brexit: Reframing EU-UK cooperation in criminal matters 17 Valsamis Mitsilegas 3 Opting in or opting out? The EU’s variable geometry in the area of freedom, security and justice 39 Annegret Engel 4 The boundaries between the EU and Member States’ competences in criminal matters: reflections on post-Lisbon developments 56 Kerttuli Lingenfelter 5 EU criminal justice and the diversity of legal cultures in Europe 82 Renaud Colson and Stewart Field PART II MODELS FOR CRIMINAL JUSTICE COOPERATION AND THE GOVERNANCE OF SPECIFIC CRIMES 6 Transnational responses to trafficking in human beings in Europe: models for more inclusive governance mechanisms 103 Chloé Brière 7 Building an effective control of financial crime? The role of criminal law and transnational cooperation in the European Union 127 Christopher Harding 8 Better cybersecurity, better democracy? The public interest case for amending the Convention on Cybercrime n.185 and the Directive 2013/40/EU on Attacks against Information Systems 148 Audrey Guinchard 9 The development of environmental criminal law enforcement in the European Union: from institutional fragmentation to European environmental criminal justice governance? 181 Ricardo Pereira PART III PROCEDURAL RIGHTS FOR ASSERTION OF PARTICIPATORY GOVERNANCE IN EU CRIMINAL JUSTICE 10 Access to documents under EU law and the area of freedom, security and justice: legal framework and judicial practice 210 Petri Freundlich 11 Children’s rights and child participation in criminal proceedings 233 Wendy De Bondt and Heleen Lauwereys Index

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Book SynopsisThis book explores how the architecture of European economic and monetary governance has radically changed over the last decade. It demonstrates the ways in which the micro- and macro-economic constitutions of Europe have reacted to legal measures enacted to counter past economic crisis, together, profoundly modifying the way in which European constitutionalism is understood. Within this innovative book, leading scholars and experts in European economic law discuss the changes and the problems arising for today's Economic Constitution from an interdisciplinary perspective. Analysing both the economic and social aspects of European legal integration and proposing solutions to challenge the current state of affairs, The Metamorphosis of the European Economic Constitution will be of value to academics and practitioners alike.Trade Review'This book provides us with a fantastic amount of precise information and high-level insights and ideas on the identification and future directions of form and content of the European Economic Constitution, through diverse methods ranging from an economic analysis of law to socio-legal perspectives. Whether adhering to the metamorphosis thesis underlying the work or criticising it, the reader will no doubt enjoy and benefit from the intellectual challenges the book contains.' --Jacques Ziller, University of Pavia, ItalyTable of ContentsContents: Foreword: Introducing the ‘European Economic Constitution’ and its Transformations Herwig C.H. Hofmann and Katerina Pantazatou Part I: Theoretical developments and critiques of the European Economic Constitution 1. The transformation of the European Economic Constitution Herwig C.H. Hofmann and Katerina Pantazatou 2. The Faustian bargain. How evolving economic and political beliefs have redefined the European Economic Constitution Dariusz Adamski 3. The principles of the European macroeconomic constitution, their fate during the crisis and the legitimacy of the ECB Klaus Tuori 4. The European Economic Constitution: from soft to hard policy coordination? Frederic Allemand 5. A Gentle Criticism of the Metamorphosis Thesis Bruno De Witte Part II: The European Social Model and the European Economic Constitution 6. Economic Constitutionalism and the “European Social Model” Can European Law Cope with the Deepening Tensions between Economic and Social Integration after the Financial Crisis” Christian Joerges, Vladimir Bogoeski and Lukas Nüse 7. The European Economic Constitution and the Constitution of Social Europe: Gleanings from the CJEU’s Collective Redundancies Cases Luca Ratti 8. Procedural rights within the European Economic Constitution: which remedies for the rights and interests of those affected by the legal measures enacted to counter the economic crisis? Giovanni Zaccaroni 9. In Conditionality We Trust: What Scope for Conditionality in the Emerging European Economic Constitution? Viorica Viță Part III: Analysing the responses to the crisis: The further development of the European Economic Constitution 10. Assessing the post-crisis European Economic Constitution: the fiscal perspective Katerina Pantazatou and Ioannis G. Asimakopoulos 11. European macroeconomic constitution and the post-crisis reproductions of its operational rules: the Single Supervisory Mechanism Jakub Gren 12. The Single Resolution Board as a New Form of Economic Governance Ioannis G. Asimakopoulos 13. The European Economic Constitution as Part of the European Constitutional Model Herwig C.H. Hofmann and G. Zaccaroni Index

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Book SynopsisDespite the importance of second chambers to the success of constitutional democracies around the world, today many fundamental questions about bicameralism remain understudied and undertheorized. What makes bicameral reform so difficult? Why choose bicameralism over unicameralism? What are the constitutional values of bicameralism? This innovative book addresses these questions and many more from comparative, doctrinal, empirical, historical and theoretical perspectives. Featuring contributions from leading and emerging scholars in the field, this book provides a timely account of the tensions between bicameralism and its reform, demonstrating for the first time how this relates to the protection of liberal democracy and the rule of law. Contributors analyse the pressures that contemporary constitutional politics exert on bicameralism in an array of countries and legal systems, including the complex relationships between the EU and national second chambers. Scholars and students of comparative and constitutional law, legislative studies and political science will find this book an invaluable resource. Policymakers at national and EU levels, parliamentarians and others working closely with parliamentary institutions will also find it insightful.Trade Review'Despite its distinguished constitutional history and rationales, bicameralism has often been a contested choice. This excellent edited collection explores the pros and cons of bicameral legislative structures and especially their ability to reform themselves. Covering a rich variety of jurisdictions, the book is bound to be of great interest to comparative constitutionalist and political scientists alike.' --Robert Schütze, Durham Law School, UK'This volume brings a fresh approach to and analysis of bicameralism as a constitutional law concept. The vast contribution of case studies, together with concluding chapters of each section of the book, provides depth and reflection to the overall analysis. As pointed out in the book's Foreword and Conclusion, the topic is especially relevant in times of populism and challenges to liberal democracy and constitutionalism. Anyone with an interest in comparative constitutional law in general and constitutional design and its impact on the resilience of liberal democracies in particular, will benefit from the contributions to this book.' --Anna Jonsson Cornell, Uppsala University, Sweden'Parliaments' second chambers are often challenged to prove they have a purpose. Still bicameralism has been surprisingly resilient, against all rational approach to political institutions' engineering. Edited by three scholars from both sides of the Atlantic, this valuable collection sheds new light on why bicameralism keeps being put under pressure but is so hard to change, and is particularly relevant in light of the ongoing populist wave. A must for those who look for an answer about what to do with bicameralism today.' --Carlo Fusaro, University of Florence, ItalyTable of ContentsContents: Foreword Meg Russell, Bicameralism in an Age of Populism Introduction 1. The Challenge of Reforming Bicameralism Richard Albert, Antonia Baraggia and Cristina Fasone Part I Theories and Challenges to Bicameralism: Multi-tiered Government Systems and the EU 2. Bicameralism. Multiple Theoretical Roots in Diverging Practices Maria Romaniello 3. ‘Visible’ and ‘Invisible’ Second Chambers in Unitary States. ‘Territorialising’ National Legislatures in Italy and the United Kingdom Barbara Guastaferro 4. How Does the European Union Challenge Bicameralism? Lessons from the Italian Case Pietro Faraguna 5. The Scrutiny of EU Documents in Bicameral System. Opportunity or Weakness? Wouter Wolfs and Caterina Cigala 6. The House of Lords faces up to Brexit Peter Leyland 7. Bicameralism in Multi-tiered Systems Patricia Popelier Part II Challenging Unicameralism 8. The Shadow of Bicameralism in a Unicameral State: Dispersed Functional Bicameralism in Bulgaria? Mihail Vatsov and Polina Vakleva 9. Defending Bicameralism and Equalizing Powers: the Case of Peru Diego Serra 10. The Failed Referendum to Abolish the Ireland’s Senate: Rejecting Unicameralism in a Small and Relatively Homogenous Country David Kenny 11. Unicameralism and “Masked” Bicameralism Cristina Fasone Part III Reforming or Abolishing the Upper House? 12. The Sénat Français of the Fifth Republic: The Permanent Paradox Priscilla Jensel Monge 13. The Future of Poland’s Second Chamber: Is the Senate Still Needed? Katarzyna Granat 14. Reshaping the National Council of the Republic of Slovenia Dušan Štrus 15. Bicameralism(s) in the Age of Ethnicity: Prospects for Reform of Legislatures in Bosnia and Herzegovina Nedim Kulenović 16. Bicameralism As a Normative Choice In the Tension Between Its Reform and Its Passing Giovanni Piccirilli Conclusion What Are We To Make of Bicameralism in the Twentieth-First Century? The Reform Trap Cristina Fasone Index

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Book SynopsisThis thought-provoking book addresses the legal questions raised by the nexus between the rule of law and areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Working from an international law perspective, it examines the implications of limited statehood for the traditional State-based framing of the international legal order.Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein, both with and without the approval of the State. Contributors discuss the impact of contested sovereignty on the rule of law, international responsibility with regard to rebel governance in these areas, and the consequences of limited statehood for international peace and security.This book will be useful for students and scholars of international law and international relations, particularly those working on sovereignty and statehood, non-state actors, State responsibility, and the rule of law. It will also appeal to practitioners and policy-makers working in these same fields in either State or global governance apparatus.Trade Review’International law presumes a set of territorially-defined sovereign states, but in many parts of the world, state control of territory is more fiction than fact. This path-breaking volume considers a whole host of questions about governance in places where the state’s writ does not run. International law will need fresh thinking if it is ever to affect the behavior of the rebels, gangs and unrecognized governments who actually govern beyond the state, and there is no better place to start than this book.’ -- - Tom Ginsburg, University of Chicago, USTable of ContentsContents: PART I INTRODUCTION 1 Rule of law and areas of limited statehood: introduction and perspective 2 Linda Hamid and Jan Wouters 2 Thinking about areas of limited statehood and the rule of law 23 Amichai Magen and Zachariah Parcels PART II CONTESTED SOVEREIGNTY IN AREAS OF LIMITED STATEHOOD AND THE INTERNATIONAL RULE OF LAW 3 De facto regimes in areas of limited statehood and the international rule of law 47 Linda Hamid and Jan Wouters 4 Lessons from the (un)rule of law in Crimea 73 Olga Burlyuk 5 Limited statehood and the rule of law: East Jerusalem’s education system as a case study 96 Yaël Ronen PART III REBEL GOVERNANCE IN AREAS OF LIMITED STATEHOOD AND INTERNATIONAL RESPONSIBILITY 6 Rebel justice? Rule of law and law enforcement by non-state armed groups 119 Benedetta Berti 7 Rebel governors in areas of limited statehood: State responsibility and ‘agents of necessity’ 137 Tatyana Eatwell 8 Responsibility of non-state rulers in areas of limited statehood 162 Nicholas Tsagourias PART IV AREAS OF LIMITED STATEHOOD AND THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY 9 Extraterritorial law enforcement in areas of limited statehood: the transnational dimension of the rule of law 184 Pia Hesse 10 Towards a rule of law-based global strategy for countering international terrorism in areas of limited statehood 206 Jessica Almqvist 11 Atrocity prevention in areas of limited statehood: legal and political dilemmas 233 Kenneth Chan Index 260

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Book SynopsisThis forward-thinking book examines numerous features in the European Union (EU) legal system that serve to reduce legal uncertainty in the preliminary reference procedure and the rulings of the Court of Justice. Drawing on theories from legal realist Karl Llewellyn, legal steadying factors such as legal doctrine and interpretative techniques are reviewed alongside the primary focus of this book, extra-legal steadying factors. As well as focusing on the contribution made by judges’ legal backgrounds, John Cotter also investigates the role of the balance between institutional and personal independence and accountability. He further applies Karl Llewellyn’s approach and re-models it into a European setting, identifying the EU legal system features that assist in promoting decisional steadiness in the preliminary reference procedure. Exploring also the significance of procedural rules and practices at the Court of Justice in steadying outcomes, this book will be an excellent resource for scholars of the EU legal system. Its analysis of the role of factors that steady the rulings of the Court of Justice of the European Union will also make this a useful read for legal theorists interested in examining the factors that influence judicial decision-making.Trade Review‘Scholars of EU law have long neglected the works of American legal theorists, and the value they possess for establishing stronger insights into the EU legal order. In utilising the work of Llewellyn, and applying it to a European judicial setting, this book by Cotter is a remarkable piece of scholarship in EU legal theory, and on the judicial nature of the Court of Justice of the European Union.’ -- Graham Butler, Aarhus University, Denmark‘How can legal certainty be ensured in the preliminary rulings procedure? Drawing on the work of Karl Llewellyn, John Cotter’s important book identifies certain ‘steadying factors’ that can help in the search for robust judicial outcomes. It will appeal to anyone interested in the CJEU and EU law more broadly.’ -- Anthony Arnull, University of Birmingham, UKTable of ContentsContents: Preface PART I INTRODUCTION 1. Obstacles to Legal Certainty in the Preliminary Reference Procedure 2. ‘Steadying Factors’ in the Article 267 TFEU Preliminary Reference Procedure 3. ‘The Argument and ‘First Principles’ PART II INTERNAL EXTRA-LEGAL STEADYING FACTORS 4. The Steadying Effect of ‘Law-Conditioned Officials’ 5. ‘The Judges of the Court of Justice and ‘Law Conditioning’ PART III EXTERNAL EXTRA-LEGAL STEADYING FACTORS 6. The Steadying Effect of an Independence–Accountability Balance: A Hypothesis 7. ‘Susceptibility to Countermeasures for ‘Scenario 1’ (‘Legal and Acceptable’) Rulings 8. Susceptibility to lawful countermeasures for ‘scenario 2’ (‘legal’, but ‘unacceptable’) rulings 9. Susceptibility to Unlawful Countermeasures for ‘Scenario 2’ (‘Legal’, but ‘Unacceptable’) Rulings 10. Susceptibility to Countermeasures for ‘Scenario 3’ (‘Illegal’, but ‘Acceptable’) and ‘Scenario 4’ (‘Illegal’ and ‘Unacceptable’) Rulings PART IV PROCEDURAL EXTRA-LEGAL STEADYING FACTORS 11. The Order for Reference as ‘Steadying Factor’ I: ‘Issues Limited, Sharpened, and Phrased in Advance’ 12. The Order for Reference as ‘Steadying Factor’ II: ‘A Frozen Record from Below’ 13. The Steadying Effect of Argument before the Court of Justice 14. The Steadying Effect of ‘A Known Bench’ 15. Steadying Factors in Deliberative and Decision-making Procedures 16. Conclusion Bibliography Index

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Book SynopsisFor centuries, the Spanish state has proved to be an expert system for repressing political dissent and any threat that could jeopardize the maintenance of the status quo. It has done so using all the institutions and all the areas of power that were necessary, for the end has always justified the means. Carles Mundo, Catalan Minister of Justice, 2016-2017. There is no book in Spain that talks about lawfare. Nor is there a book that deals with the system of judicial repression of political dissidence deployed by the Franco regime. Nor is there a book that denounces the judicial system inherited from the dictatorial regime and that was later embodied in the 1978 Constitution. Lawfare (the combination of law and warfare) thus fills a void to the extent that it penetrates the authoritarian judicial system and highlights the democratic deficits of the Spanish judiciary. The politicization of justice began with the appointment, as president of the Constitutional Court, of a prominent member of the Peoples Party (Partido Popular PP) in 2013. Thereon started a process of judicialization of politics via reform of the Organic Law of the Court Constitutional. The referendums of November 9, 2014 and October 1, 2017 entailed the criminalization of the Catalan independence movement and a drastic reduction in fundamental rights linked to the exercise of political choice. This was confirmed by the judgment handed down by the Supreme Court in 2019, culminating in a lawfare strategy that has led to the criminal conviction of two presidents of the Generalitat Artur Mas and Joaquim Torra and the exile of a third president, Carles Puigdemont. Lawfare is the first book to link in a broad way the thinking of German jurists of the Nazi period to the training of judges in Spain both up to and during the Franco regime, and beyond. Published in collaboration with the Department of International History, London School of Economics

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Book SynopsisConcise and clear in expression, Comparative Government covers contemporary systems of government, as well as relics of the past, in an excellent introduction to the profound study of comparative constitutional law. Dragoljub Popovic has undertaken this task to display the subject in its current stage of development, concentrating on several focal points. Based on research of their characteristic features, decision-making mechanisms and lines of evolution, the author explores parliamentary, presidential, semi-presidential, power sharing and the supra-national level forms of government in an entertaining narrative and provides tools for the reader to classify and understand governments worldwide. Comparative Government will prove essential, for its comprehensive yet concise scope, to students of law, political sciences and international relations, as well as academics in the same areas, civil servants, diplomats, legislation drafters, policy makers and practicing lawyers.Trade Review'This is an excellent comparison of different systems of government and their dynamic in the global perspective. Popovic, a distinguished scholar and retired European judge, combines both the competence in the theory of government and the knowledge of its practical operation. His book is focused on the institutional constitutional law organized into five principal models. What makes it particularly attractive is the attention given to the role of the judiciary in political process as well as the interest for the emerging systems (China) and systems escaping general classification (the Balkans). In brief, this is a modern and intellectually inspiring presentation of a very important topic.' --Lech Garlicki, Professor of Law and retired Judge of the European Court of Human Rights and of the Constitutional Court of Poland'In a fast and ever-changing world, Professor Popovic's book provides a refreshing and innovative perspective on a classical subject. In its study of comparative government it takes into account not only legal-constitutional elements, but also takes a functional and contextual approach, including the history and evolution of each specific system. As a result, in addition to a clear exposition of the traditionally accepted types of government (parliamentary, presidential, directorial) Professor Popovic offers an illuminating analysis of new types and cases, such as the ''government by consensus'' or the singular case of the Popular Republic of China. This method also clarifies the role of inter- and supra-national organizations and agencies in the functioning of the national governments.' --Luis López Guerra, Universidad Carlos III de Madrid and former Judge of the European Court of Human RightsTable of ContentsContents: Preface Author’s foreword to this edition Introduction 1. General Approach 2. RISE OF Parliamentary Government 3. Contemporary Parlimentary Government 4. Presidential Government 5. Semi-Presidential Government 6. Directorial Government 7. Power Sharing Government 8. Forms of Government Defying Classification 9. Beyond the Nation-State Epilogue Bibliography Index

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Book SynopsisComparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has been long neglected in comparative constitutional studies.This timely and invigorating book showcases a novel comparative approach termed “slow comparison” counters the conceptual focus on nation-states in comparative studies and develops a broader understanding of democratic constitutionalism. In the context of the contemporary crisis of constitutional democracy, triggered by populism, majoritarianism and authoritarianism, chapters continue older ongoing debates about multiculturalism, identity politics and democratic equality that hold important insights for both India and the EU to deal with contemporary challenges.This book will be an important read for scholars of comparative constitutional law and theory. It will also benefit those studying EU law and Indian constitutional law.Trade Review‘Democratic Constitutionalism in India and the European Union represents a long overdue contribution to the incipient debate about the world’s most populous democracy and the world’s most successful single market. What is particularly remarkable is the earnestness of the approach taken by the authors. Rather than papering over the differences between the two comparators, they embrace them and seek to distil lessons Europeans may be able to learn from Indians, and vice versa.’ -- Sascha Hardt and Prashant Sabharwal, EU Law Live‘This book on comparative constitutional law enters new ground in various ways. It compares a big and socio-culturally very diverse state, which has outgrown the traditional concept of the nation-state, and a big and also very diverse political entity composed of nation-states, which has outgrown the traditional concept of a supranational organization. In addition, it is a rare example of a North-South comparison. And it proposes a new methodological approach to comparative constitutionalism, called “slow comparison”. With all these assets the book promises to considerably enrich the territorial scope and the methodological instruments of comparative research in constitutional law.’ -- - Dieter Grimm, Former Justice of the Federal Constitutional Court of Germany and Humboldt University of Berlin, Germany‘This book is a remarkable achievement towards a truly reflective, collaborative and critical endeavor in reinforcing north-south dialogue on democratic constitutionalism. It fills an important gap in comparative law scholarship and thinking by bringing together two worlds that although may have had very different trajectories and histories, yet contain much that allows for interpretative learning and practice.’ -- - Armin von Bogdandy, Max Planck Institute for Comparative Public Law and International Law, Germany‘Engaging the respective EU-India institutions and the “urgency” to find “sources of resilience and survival”, Philipp Dann and Arun Thiruvengadam invite rigorous thinking on difficult themes such as futures of democracy, representation, pluralism, equality, rights, and juridification. This immensely thought-provoking anthology bristles with critical insights, locating even “ultimate saviours”, in doing comparative law and jurisprudence.’ -- - Upendra Baxi, University of Warwick, UKTable of ContentsContents: 1 Comparing constitutional democracy in the European Union and India: an introduction 1 Philipp Dann and Arun K. Thiruvengadam PART I CONCEPTUAL CONTEXTS 2 Concepts of democracy 43 Pritam Baruah and Uwe Volkmann 3 Origins and pathways of constitutionalism 75 Jürgen Bast and Arun K. Thiruvengadam 4 Equality and diversity in constitutional discourses 104 Sigrid Boysen and Aparna Chandra PART II SELECT ISSUES 5 Electoral systems and representation 137 Aditi and Jelena von Achenbach 6 Political parties and social movements 162 Michaela Hailbronner and Naveen Thayyil 7 Freedom of expression and hate speech 191 Smarika Lulz and Michael Riegner 8 Social rights 223 Gautam Bhatia and Emilios Christodoulidis 9 Federalism and democracy 252 Philipp Dann and Arun K. Thiruvengadam 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 SynopsisThis timely book examines the field of European and global standardisation, showing how standards give rise to a multitude of different legal questions. Each chapter offers in-depth analysis of a number of key policy areas such as food safety, accounting, telecommunications and medical devices. These multi-disciplinary contributions go beyond the field of law, and provide cross-disciplinary comparisons. Demonstrating how standards enter the European legal system in a variety of ways, the book studies their relevance for public and private law alike. While the trade advantages of using standards in regulation are undeniable, the contributors elucidate how standard-setting processes have departed from the purely private realm to enter the stage of public regulation. This inevitably raises the issue of whether standardisation is supported by sufficient legitimacy guarantees. The contributions provide valuable insights to answering this question, highlighting cross-cutting reflections on the topic, and case studies on specific policy areas. This analytical book will be of interest to students and scholars researching in the fields of EU and global standardisation, EU law and trade law. It will also be a useful resource for practitioners focusing on regulation and standardisation. Contributors include: D. Bevilacqua, M. Cantero Gamito, C. Cauffman, P. Cuccuru, M. De Bellis, M. Eliantonio, M. Faure, M. Gérardy, C. Glinski, N. Philipsen, S. Roettger-Wirtz, P. Rott, S. Schoenmaekers, L. Senden, B. Van Leeuwen, A. VolpatoTrade Review'Standardisation law has recently emerged as a dynamic and multifaceted field of research, calling for in-depth case-studies but also more fundamental, theoretical work by academics. This book, masterfully edited by Eliantonio and Cauffman, aspires to do both by enrolling an impressive line-up of scholars interested in standardisation. While the jury is not out yet as to how legitimate standardisation in various areas is as a regulatory technique, this volume will become an important entry point for all those who want to learn more about the theoretical and practical challenges of standardisation at the European level.' --Panagiotis Delimatsis, Tilburg University, the Netherlands'The current book puts emphasis on the politically and legally most sensitive side of standardisation in the EU: the legitimacy of private standard production through private associations. The many contributions investigate whether and to what extent the legal framework established by the EU suffices to grant input, throughput and output legitimacy. It is an illuminating read that demonstrates that there is no unique and simple answer. The book constitutes a major contribution to the on-going debate on the increasing role of private regulation in a globalised economy and society.' --Hans-W. Micklitz, European University InstituteTable of ContentsContents: The legitimacy of standardisation as regulatory technique in the EU – a cross-sector and multi-level analysis: An introduction (Mariolina Eliantonio and Caroline Cauffman) PART I - Horizontal questions 1. Towards a More Holistic Legitimacy Approach to Technical Standardisation in the EU Linda Senden 2. Regulating by Request: On the role and status of the ‘standardisation mandate’ under the New Approach Pierluigi Cuccuru 3. Competition law as a tool to ensure the legitimacy of standard-setting by European standardisation organizations? Caroline Cauffman and Marie Gérardy 4. The contradictory approach of the CJEU to the judicial review of standards: a love-hate relationship? Annalisa Volpato and Mariolina Eliantonio 5. The impact of the legitimacy of European standards on their application in private law: a case study on professional standards in the medical sector Barend van Leeuwen 6. Deficient Standards by European Standardisation Organisations: Between State Liability and Tort Liability Carola Glinski and Peter Rott 7. Standardisation from a law and economics perspective Michael Faure and Niels J. Philipsen PART II – Standardisation in specific policy fields 1. The Legitimacy Of Banking And Financial Standards: Representation, Due Process And Regulatory Capture Maurizia De Bellis 9. Standards on the rise in procurement procedures: Are legitimacy concerns justified? Sarah Schoenmaekers 10. The legitimacy of standardisation as a regulatory technique in telecommunications Marta Cantero Gamito 11. Global Food Safety Regulation and the interplay between global standards and WTO law: how to close the legitimacy gap? Dario Bevilacqua 12. Standardisation of health products in search of legitimacy: rethinking judicial review? Sabrina Roettger-Wirtz Index

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Book SynopsisThis insightful book critically examines the phenomenon of public private partnerships (PPPs) through a global, theoretical, lens. It considers the reasons for merging private entities and public administration, as well as the processes and consequences of doing so. The benefits for the community as well as the radical changes in the principles and modalities of administrative activity are theorized and discussed. The authors position co-responsibility and a bottom-up approach as new routes of administrative action, showing how the dynamism and energy of both communities and administrations can come together in an effective way. The key concept of the analysis is 'governing common interests'. It reveals a revolutionary change in the traditional approach to 'public interest', as a result of the emerging role of the private sector in interpreting and taking care of the community's need. Chapters provide systematic analysis of the central ideas for governing common interests through PPPs, with reference to cases and legislation, showing the advantages, the reasons and the forms of application in national and international contexts, and the differentiation from similar models.Setting PPPs in a clear and consistent theoretical framework, this informative book will be of value to academics and students of public administrative and constitutional law, whilst also appealing to both policy makers and public officials.Trade Review'This book is a well-structured, welcome invitation for legal scholars to explore the values and relationships upon which our modern economy bases its governance. The book is recommended for researchers interested in privatization, the public-private divide, and present and future shifts in administrative law.' -- Astrid Voorwinden, Review of European Administrative Law'This book provides a timely review of the paths towards sustainable and mutually-beneficial PPPs. Consistent with UNCITRAL's recent work on this topic, the authors have demystified PPPs and located them appropriately in a good governance framework.' -- Caroline Nicholas, UNCITRAL Secretariat, United Nations'This book is a significant practical and theoretical addition to the literature on PPPs. Presenting a multi-dimensional and interdisciplinary approach to the subject matter, the authors are to be commended for distilling and explaining the tensions inherent in this field. It is not often that one comes across a book that is as in-depth, well-reasoned and well written as this. I would recommend this book to all lawyers and non-lawyers interested in public procurement, in development procurement and in PPPs.' -- Sope Williams-Elegbe, Stellenbosch University, South AfricaTable of ContentsContents: Introduction Part I 1. Public private partnership: first steps towards a juridical definition 2. Public private partnership’s juridical identity: the international dimension 3. Public private partnership’s juridical identity: the local dimension 4. Clearing the picture: overcoming common misperceptions Part II 5. Reconstructing the juridical identity of public private partnership 6. From public interest to common interests 7. Conclusion Bibliography Index

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Book SynopsisDiscussing the fundamental role played by the principles of equality and non-discrimination in the EU legal order, this insightful book explores the positive and negative elements that have contributed to the consolidation of the process of EU legal integration. Providing an in-depth analysis of the three key dimensions of equality in the EU -- equality as a value, equality as a principle and equality as a right -- this incisive book investigates the place and scope of equality within the founding values of the EU. It does this by examining the use of the principle of equality in the case-law of the Court of Justice, as well as the rights conferred on individuals via equality in secondary legislation, and the interaction between equality in the Charter of Fundamental Rights and as a general principle of EU law.Presenting an up-to-date analysis of the role played by equality in blending the economic and social elements of EU legal integration, Equality and Non-Discrimination in the EU will be an important read for scholars and students of EU and constitutional law, as well as practitioners and EU officials.Trade Review‘Equality is the core concept of justice, discrimination is opposed to the rule of law. Giovanni Zaccaroni's book is a most valuable key to understanding the complexity and broadness of equality as a concept in EU law and all ways the EU opposes discrimination.’ -- - Matthias Ruffert, Humboldt University of Berlin, GermanyTable of ContentsContents: 1. Introduction 2. Equality as a value 3. Equality as a principle 4. Equality as a right 5. Conclusions Bibliography Index

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Book SynopsisControlling EU Agencies launches the debate on how to build a comprehensive system of controls in light of the ongoing trends of agencification and Europeanisation of the executive in the EU. Expert multi-disciplinary contributors explore the potential of interconnecting different concepts and types of controls, as well as different outputs of EU agencies, to address the challenges and limitations that individual types of control present. Insightful chapters analyse these issues in relation to individual concepts of control - autonomy, accountability, effective judicial protection, deference, protection of fundamental rights, transparency, liability - as well as specifically for different types of agencies' outputs, including both soft and hard laws. Through the creation of a systemic view, the book suggests ways in which this system of controls may be improved for the future. Timely and engaging, this book will be of great interest to scholars and students of law, governance, public administration and political science, especially those investigating controls of public power. It will also provide an important resource for researchers and officials dealing with design and operation of EU agencies. Contributors include: G.J. Brandsma, A. Brenninkmeijer, A. Buijze, F. Cacciatore, M. Catanzariti, M. Chamon, P. Craig, E. de Jong, M. Eliantonio, D. Fernandez-Rojo, S. Gabbi, T. Huisjes, B. Kleizen, M. Maggetti, F. Meyer, C. Moser, L. Mustert, S. Nicolosi, Y. Papadopoulos, S. Prechal, M. Scholten, M. Simoncini, B. Strauss, J. Timmermans, S. Tosza, A.H. Türk, M. van Rijsbergen, K. Verhoest, R. Widdershoven, M. WoodTrade Review'This book, so fully documenting the profusion of EU administrative agencies, their importance, and the variety of their practices and authorities, makes clear the need for uniform procedural provisions, such as have been drafted by the impressive Research Network on EU Administrative Law (ReNEUAL).' --Peter L. Strauss, Betts Professor of Law Emeritus, Columbia Law School, USTable of ContentsContents: 1 Controlling EU agencies: an introduction 1 Miroslava Scholten, Béla Strauss and Alex Brenninkmeijer PART I CONTROL IN A MULTI-JURISDICTIONAL SETTING OF THE EU: CONCEPTUAL PERSPECTIVE 2 EU agencies and the rise of a mixed administration in the EU multi-jurisdictional setting: facing the challenges of the rule of law 18 Mariavittoria Catanzariti and Alexander H. Türk 3 Opportunities and threats of agency autonomy in EU governance: integrating separate debates 39 Bjorn Kleizen and Koen Verhoest 4 Accountability in a multi-jurisdictional order 60 Gijs Jan Brandsma and Carolyn Moser 5 Principle of effective judicial protection 80 Sacha Prechal and Rob Widdershoven 6 Judicial review and judicial deference 98 Paul Craig 7 EU agency tort law and its limited role in controlling agencies 117 Elbert de Jong 8 Protection of fundamental rights in a multi-jurisdictional setting of the EU 134 Frank Meyer 9 Transparency in the multi-jurisdictional setting of the EU 157 Anoeska Buijze PART II CONTROL IN THE INSTITUTIONAL SET UP AND OPERATION OF EU AGENCIES 10 Out of control? The case of the European Asylum Support Office 177 Salvatore F. Nicolosi and David Fernandez-Rojo 11 Controlling the European Food Safety Authority 196 Simone Gabbi, Matthew Wood and Béla Strauss 12 Quis custodiet ipsos custodes? Assessing the systems of controls of the European Fisheries Control Agency’s inspecting powers 215 Federica Cacciatore and Mariolina Eliantonio 13 Eurojust: mechanisms controlling the agency for coordination and cooperation in criminal matters 234 Tom Huisjes and Stanisław Tosza 14 Controls in the case of the EU civil aviation safety rules 252 Lisette Mustert and Miroslava Scholten 15 Controlling ESMA’s enforcement powers 272 Marloes van Rijsbergen and Marta Simoncini 16 Controlling the SRB’s resolution powers 293 Jolien Timmermans and Merijn Chamon 17 Towards a comprehensive system of controls for EU agencies 312 Miroslava Scholten, Martino Maggetti and Yannis Papadopoulos Index 328

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Book SynopsisThis insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.The book draws on the tradition of analytical jurisprudence to explore the possibility and desirability of the international rule of law. Encompassing both international and domestic legal orders, the book advocates for a shift in the way the international rule of law is theorized, endorsing an approach that understands it as beneficial to individuals and as closely related to the domestic rule of law.This will be an invigorating read for legal scholars who deal with the international rule of law, whether at the level of positive law or legal theory. Representatives of international institutions, non-governmental organizations and policy-makers interested in the policy debate on the development and the strengthening of the international rule of law may also find this a useful book.Trade Review'Virtually everyone seems to agree that the rule of law is a good thing, but there is enormous variation in what it means domestically and, in particular, what it might mean internationally. In this important book Denise Wohlwend takes seriously the idea of an international rule of law that is more than just an extension of its domestic counterpart operating to the benefit of states. On the contrary, she argues, it should complement rather than compete with the political and legal aspirations of protecting individuals from unregulated power.' -- Simon Chesterman, National University of SingaporeTable of ContentsContents: 1. Introduction to The International Rule of Law 2. The rule of law 3. The rule of law in question 4. The emergence of the rule of law in international law and practice 5. Setting the stage for the international rule of law 6. The scope of the international rule of law 7. The subjects of the international rule of law 8. The generality of international law 9. The publicity of international law 10. The non-conflictingness and non-contradictoriness of international law 11. Conclusion to The International Rule of Law Index

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Book SynopsisThis insightful and timely book explores the complexity and resilience of the discourse on economic constitutionalism over a period of heightened economic and political turbulence since the economic crisis of 2008 and Brexit, and its continuous relevance despite the Covid-19 public health crisis and the Russian invasion of Ukraine. Providing a sustained and comprehensive analysis of the concept of economic constitutionalism in European and global governance, this book evaluates the origins, functions, and normative elements of economic constitutionalism, placing the discussion within contemporary theoretical frameworks. Chapters explore the protection of fundamental rights under the new economic governance of the Eurozone, the constitutionalization of the internal market, and the relationship between international judicial authority, social systems, and geoeconomics. Bringing together scholars with expertise in international and European law, the book examines recent case studies including the EU internal market, WTO law, the CETA, and the ICJ. Offering a variety of legal and theoretical perspectives, this book will be essential reading for students and scholars in constitutional and administrative law, European and international economic law, global governance studies, and trade law. It will also be beneficial for political scientists and sociology theorists looking to gain an understanding of the legal foundations of economic constitutionalism.Trade Review‘Constitutions regulate by what they say, but also by what they do not. Economic constitutionalism is often invisible, and as this volume of essays makes clear, can be utterly consequential. By bringing much needed attention to the phenomenon, the authors collectively have made an important contribution to our understanding of constitutional politics.’ -- Tom Ginsburg, University of Chicago, US‘This book offers a truly comprehensive overview of some of the most fundamental cornerstones of international and European economic constitutionalism. The editors have organized a masterful discussion on the promises and the challenges of the rule-based economic order, offering a powerful lens to make sense of the past and look more clearly into the future.’ -- Michael Ioannidis, Max Planck Institute for Comparative Public Law and International Law, Germany, and European Central Bank‘The failure to conceptualise the social function of “the economic” is an original sin of European legal scholarship which contributed to the takeover of the integration project by a stark neoliberal market utopia. This book is a timely twofold countermove. It defends the constitutional dimension of the economic but then also renews the debate on the legitimacy problématique of economic governance.’ -- Christian Joerges, Centre for European Law and Policy, Bremen and Hertie School of Governance, Berlin, GermanyTable of ContentsContents: Introduction to Economic Constitutionalism in a Turbulent World 1 Achilles Skordas, Lisa Mardikian, and Gábor Halmai PART I RETHINKING CORE TENETS OF ECONOMIC CONSTITUTIONALISM 1 Where’s the ‘e’ in constitution? A European puzzle 11 Neil Walker 2 Imaginary of the imperium of prosperity and economic constitutionalism in the EU 38 Jiř’ Přib‡ň 3 Including a cognitive perspective into a vision of ‘transformative constitutionalism’ 64 Karl-Heinz Ladeur PART II ECONOMIC CONSTITUTIONALISM AND ECONOMIC GOVERNANCE IN THE EU 4 Economic constitutionalism, the challenge of populism and the role of the constituent power 87 Andrew Arato and Gábor Halmai 5 The European Court of Justice and the protection of fundamental rights under the new economic governance of the Eurozone 109 Paul Dermine 6 Varieties of Member State capitalisms and the European economic constitution 136 Márton Varju and Mónika Papp 7 Economic constitutionalism and the constitutionalisation of the internal market 161 Csongor István Nagy 8 Reframing EU citizenship as stakeholder constituency, or… why the Court of Justice got it right on economically inactive EU citizens 183 Lisa Mardikian PART III ECONOMIC CONSTITUTIONALISM AND ECONOMIC FREEDOMS IN THE GLOBALISED ECONOMY 9 Can multilevel economic constitutionalism restrain trade protectionism and power politics? 222 Ernst-Ulrich Petersmann 10 Market freedoms and ‘democratically sound’ re-embedding of markets? 250 Carola Glinski 11 Why cosmopolitan pluralist governance need not subvert democracy 281 Paul Schiff Berman 12 International judicial authority, social systems and geoeconomics 298 Achilles Skordas Index

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