Constitutional and administrative law: general Books

Book SynopsisThis insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions, and contradictions of European constitutionalism using the lens of constitutional time. The author’s claim is that duration should not be sought just for its own sake: an internal link between constitutionalism and democracy should be ensured. He suggests two options to achieve this objective. The first centres on decision-making at the subnational or local level and by intermediate bodies, including cities and regions as well as political parties and private bodies. The second focuses on the promotion of socio-economic rights and welfare standards. Through these debates a theory of 'communal constitutionalism' is proposed – placing emphasis on the role of future generations. Combining temporal and reflexive dimensions it addresses the questions of how to be 'secure' and what it means for the EU polity to be 'secure'. This expertly crafted book will be essential reading for students and scholars of constitutional and administrative law, European law, and legal theory. It will also be of interest to political scientists looking at European constitutionalism and sociologists interested in the development of law beyond the State.Trade Review‘Massimo Fichera examines the constitutional dimensions of the European Union in this learned and intellectually rich volume. He explains but also challenges many familiar constitutional concepts and categories. This book brims with ideas and is critical reading for anyone concerned with the problems and promises of modern constitutionalism.’ -- Richard Kay, University of Connecticut, US‘Massimo Fichera has produced a highly original and enlightening extended essay on the way in which the passage of time is factored into the constitutional imaginary both of the modern State and of the ‘postmodern’ European Union. In so doing, he offers an important response to those voices – theoretical and practical – that doubt the capacity of Europe to frame a common political future.’ -- Neil Walker, University of Edinburgh, UK‘This book defends the ambitious thesis that if constitutions articulate what a collective commits to over time, so, too, different interpretations of the temporality of commitment inform different constitutional ideal types. The fractal temporality of communal constitutionalism is well suited, to deal with the challenges of societal commitment in multi-level governance.’ -- Hans Lindahl, Tilburg University, the Netherlands, and Queen Mary University of London, UKTable of ContentsContents: 1. Constitutionalism ideal-types 2. Framing EU constitutional time: a future-oriented theory of constitutional change for the EU 3. The rule of law and populism 4. Longue durée and the economic constitution 5. Communal constitutionalism and the paradox of ‘large time’ 6. The EU and constitutional time: conclusions Bibliography Index

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Book SynopsisThis timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change. Contributions by leading scholars in the field explore the relationship between revolutions and constitutional order and disorder, considering in particular the impact of political transitions, situations of emergency, coup d’etat and the role of memory and oblivion during times of revolution. Through a series of case studies, the book identifies ways in which these phenomena have, and will, affect the formation and amendment of constitutions in both the short and long term. This includes, most notably, those changes which seem to go against the spirit of constitutionalism. In so doing, it provides important insight into how constitutions and constituent powers deal with the influences of the past.Students and scholars engaged in the study of constitutional law, legal theory, theories of the state, transitions of democracy and the philosophy of law will find this ground-breaking book to be a must read.Trade Review'A novel and sophisticated collection of essays on some of the most fascinating questions in constitutional and political theory. Associating socio-legal memory and oblivion with constitutional and political transitions, this book is a must-read for anyone interested in how constitutions affect - and react to - the past, present and future, through revolutions, amendments and judicial interpretation. This rich blend of multidisciplinary perspectives on constitutional ordering and disordering is an original and important contribution to the study of constitutionalism and constitutional change.' -- Yaniv Roznai, Interdisciplinary Center (IDC) Herzliya, Israel'Revolution is all the rage - this new book appears at just the right time. Innovative and important, Revolution, Transition, Memory, and Oblivion offers new perspectives on how constitutions change, often radically and dramatically. Belov and Abat i Ninet have assembled an outstanding group of scholars whose chapters push the boundaries of our current knowledge on the interrelationships among revolution, rebellion, replacement, and constitutionalism. This book forces readers to rethink old views and to grapple with new insights.' -- Richard Albert, The University of Texas at Austin, US'We live in a time of sweeping constitutional transformation. The profound effects and implications of this ubiquitous development have created a critically important scholarly agenda, refining the analytical constructs for sharpening our comprehension of what it all means. The multidisciplinary contributors to this volume have responded splendidly to this challenge, offering up a methodologically and conceptually diverse set of assessments that valuably illuminate the complex issues kindled by the prevalence of radical constitutional change.' -- Gary J. Jacobsohn, The University of Texas at Austin, US'This collection of essays provides a host of original insights at this moment of global crisis. They invite the reader to gain a deep historical perspective upon the dilemmas we currently face in reconstructing a constitutional order that can meet the challenges of the twenty-first century. Nobody can predict the future, but we can learn a good deal from the successes and failures of the past.' -- Bruce Ackerman, Yale Law School, USTable of ContentsContents: Introduction xi Martin Belov and Antoni Abat i Ninet PART I CONSTITUTION, REVOLUTION, AND LAW 1 Conceptualising the relationship between revolutions and constitutions 2 Antoni Abat i Ninet 2 Revolution and interpretation: what is a legal revolution? 18 Xavier Souvignet 3 Revolution in law 31 Yanaki Stoilov 4 Constitutional revolutions beyond liberalism: a realist critique 54 Acar Kutay PART II NORMATIVIST DISCOURSES ON LEGAL AND CONSTITUTIONAL REVOLUTION 5 The basic norm at the time of the revolution 71 Monika Zalewska 6 On the Kelsenian concept of revolution: a theory of the relationship between social and legal revolution and the case of the first Bulgarian constitutional transition (1944–1947) 91 Simeon Groysman PART III CONSTITUTIONAL REVOLUTION AND CONSTITUTIONAL TRANSITION – BETWEEN MEMORY AND OBLIVION 7 Constitutional memories: how do constitutions cope with constitutional past 107 Martin Belov 8 The art of using legal fiction as a legal revolution solution: the case of Vichy 126 Emmanuel Cartier 9 The interim constitution in time of transition: between constitutional amendment and constitutional revolution 144 Aleksandar Tsekov PART IV CONSTITUTION-MAKING, UNCONSTITUTIONAL CONSTITUTIONAL AMENDMENTS AND PRO-AUTHORITARIAN DRIFTING OF THE CONSTITUTIONAL ORDER 10 Constitution-making processes in Europe since the Second World War 168 Zoltán Szente 11 Why does a constitutional change emerge and who has a say in it? Constitution-making, constitutional amendments and their constitutional review in Hungary between 2010 and 2018 184 Fruzsina Gárdos-Orosz 12 Constitutional change through unconstitutional interpretation 210 Monika Florczak-Wątor 13 Conclusion 231 Martin Belov and Antoni Abat i Ninet Index

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Book SynopsisThis timely book explores how the internet and social media have permanently altered the media landscape, enabling new actors to enter the marketplace and changing the way that news is generated, published and consumed. It examines the importance of citizen journalists, whose newsgathering and publication activities have made them crucial to public discourse and central actors in the communication revolution. Investigating how the internet and social media have enabled citizen journalism to flourish, and what this means for the traditional institutional press, the public sphere, and media freedom, the book demonstrates how communication and legal theory are applied in practice.Peter Coe advances a concept of ‘media as a constitutional component’, which distinguishes media from non-media actors based on the functions they perform, rather than institutional status, and uses this to provide a conceptual framework that recognises modern newsgathering and publication methods. This interdisciplinary book analyses the legal challenges created across a range of topical issues, including online anonymity and pseudonymity, defamation, privacy and public interest, contempt of court and press regulation.Media Freedom in the Age of Citizen Journalism will be a key resource for students, scholars, practitioners and policy-makers of information and media law, constitutional administrative law, communication and media studies, journalism and philosophy.Trade Review‘Concerns about media freedom are growing at the same time as non-institutional media become more important. This insightful and thoughtful book explores the concept of media freedom, its rationale and its justifications and provides an account of it which integrates citizen journalism. It is an important contribution to the scholarship on the concept of media freedom.’ -- David Rolph, The University of Sydney, Australia‘Media law and free speech scholars usually talk either about the fundamental issues of media freedom or the challenges posed by new technology. This volume deals with both. Coe’s book not only shakes the “dead dogmas” (to quote John Stuart Mill) of the legal notion of media freedom, but also shows how these doctrines need to be re-interpreted for the 21st Century.’ -- András Koltay, University of Public Service and Pázmány Péter Catholic University, HungaryTable of ContentsContents: 1. Introduction PART I THE MODERN MEDIA LANDSCAPE 2. A shackled institution: is the notion of the ‘free press’ a fallacy? 3. The internet, social media, and citizen journalism PART II THEORETICAL CONSIDERATIONS 4. Unpacking media freedom as a distinct legal concept 5. The media-as-a-constitutional-component concept: a new theoretical foundation for media freedom 6. What the media-as-a-constitutional-component concept means for media freedom PART III LEGAL CHALLENGES 7. Anonymous and pseudonymous speech 8. Contempt of court and defamation 9. Reimaging regulation Index

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Book SynopsisThis insightful book assesses the theory of constitutional pluralism in light of the events of the Eurozone crisis of the past decade. Based on an analysis of how national courts reviewed the crisis response mechanisms and participated in the European-level political process, Tomi Tuominen argues that constitutional pluralism is not a valid normative theory of European constitutionalism.The analysis of crisis response mechanisms focuses on how the lack of a proper economic policy competence for the EU affected the formation of the measures and is at the root of the criticism concerning these mechanisms. Furthermore, the author connects discussions on the Eurozone crisis and constitutional pluralism in an innovative fashion, whilst also explaining how asymmetry and pluralism are linked. A novel reading on the horizontal and vertical aspects of Article 4(2) TEU is also developed throughout.Utilizing up-to-date and original analyses, The Euro-Crisis and Constitutional Pluralism will be an important read for scholars and students of European law, EU constitutional law and public policy.Trade Review‘Through a painstaking, compelling analysis of case law and legislation, Tuominen rejects constitutional pluralism as a normative theory. To corroborate his claim, he points out that the asymmetrical structure of the Economic and Monetary Union, facilitating challenges against EU law by national courts, is unsustainable. Regardless of one’s view on the matter, the book’s arguments will have to be taken into account seriously by EU constitutionalists and legal theorists engaged in the debate on the future of Europe.’Table of ContentsContents: Preface 1. Introduction: constitutional pluralism as inequality and the asymmetry of the EMU 2. The Fiscal Compact and budgetary discipline 3. The European Stability Mechanism and financial assistance 4. The European Banking Union and the vicious circle between banks and sovereigns 5. The Outright Monetary Transactions programme and preserving the euro 6. The equality of the Member States and Article 4(2) TEU 7. The role of courts and the question of ultimate interpretive authority 8. The failure of European constitutional pluralism 9. Conclusion: equality instead of pluralism Bibliography Index

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Book SynopsisIn this thought-provoking book, Günter Frankenberg explores why authoritarian leaders create new constitutions, or revise old ones. Through a profound analysis of authoritarian constitutions as phenomena in their own right, Frankenberg reveals their purposes, the audiences they seek to address and investigates the ways in which they fit into the broader context of autocracies. Frankenberg outlines the essential features of authoritarianism through a discussion of a variety of constitutional projects in authoritarian settings: the executive style of opportunist, informal governing, political power as private property, participation as complicity, and the cult of immediacy that is geared towards fantasies of a community of the followers and their leader. He also takes a comparative approach to authoritarian constitutions, drawing out the relationships between them, as well as providing a critique of the discourse around populism and authoritarianism. Authoritarianism will be critical reading for scholars of constitutional law, as well as political scientists, who will find its comparative analysis of political systems in this context invaluable. It will also be useful to students of comparative law and political science for its clear explanation of the characteristics of authoritarianism across regimes.Trade Review‘Authoritarianism remains an important contribution to the literature on both the political practices of authoritarianism and the purposes for which authoritarian actors deploy constitutions.’ -- Stijn Smet,International Journal of Constitutional Law‘The analysis is comprehensive and cuts deep into critical aspects of both authoritarianism and what is usually cast as its significant other: liberalism. The book contributes to the theoretical, historical, and comparative scholarship on constitutionalism, from a substantive point of view, while also putting diligently into practice the methodological commitments that ought to underlie constitutional research in the age of both the liberal democratic dream and the creeping, increasingly recurrent authoritarian nightmare. Frankenberg has managed to thoughtfully dissect authoritarianism and colour the conventional understanding of constitutionalism with perhaps less comforting and familiar but unquestionably more truthful and fascinating shades. The work is a much-needed testimony to the fact that both the naive faith in the virtues of constitutions and the cynical disregard for their failures are ill-fated scholarly attitudes, unfit for recognizing, studying, and correcting the shortcomings and crises of constitutional modernity.’ -- Giusto Amedeo Boccheni, International Journal of Public Law and Policy''Why do authoritarian regimes bother with a constitution? This book pursues this seeming paradox with deep theoretical insight and broad empirical reach. The result is an indispensable guide to understanding the emerging varieties of authoritarianism and the magical allure that constitutions offer autocrats and democrats alike. This book also holds a mirror back to liberal constitutional regimes illuminating their colonial, ethnocentric, violent and parochial features to which they may have become ''comfortably numb.''' --Alvaro Santos, Georgetown University Law Center, US'''The good therapist fights darkness and seeks illumination, while romantic love is sustained by mystery and crumbles upon inspection.'' If Irving Yolem is Love's executioner, Günter Frankenberg is Authoritarianism's executioner. Rather than romanticizing or despising authoritarian regimes, he deconstructs their authority, technology and power to reveal their deepest pathologies. In departing from the comparative constitutional orthodoxy, obsessed with constitutional backsliding to restore liberal legalism, Frankenberg exposes the existential pain and anxiety of liberals and warns them about their complicity in authoritarianism.' --Fernanda G. Nicola, Washington College of Law, American University, USTable of ContentsContents: Preface Introduction 1. Constitutions 2. Authority/Power 3. Authoritarian Moments of Liberal Constitutionalism 4. Political Technology of Authoritarianism 5. Authoritarian Power as Private Property 6. Participation as Complicity 7. The Cult of Immediacy 8. Audiences and Purposes of Authoritarian Constitutions 9. Notes on the Pandemic of Authoritarianism 10. Epilogue Bibliography Index

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Book SynopsisWith the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.Chapters explore and lay the scientific basis for answering crucial questions such as ‘Where should the legal limits of direct democracy be drawn?’ and ‘Who should review compliance with these limits?’ Providing a comparative analysis of the different issues in the selected countries, the book draws out key similarities and differences, as well as an assessment of the law and the practice at national levels when judged against the international standards contained in the Venice Commission’s Guidelines on the Holding of Referendums.Presenting an up-to-date analysis of the relationship between popular sovereignty and the rule of law, The Legal Limits of Direct Democracy will be a key resource for scholars and students in comparative and constitutional law and political science. It will also be beneficial to policy-makers and practitioners in parliaments, governments and election commissions, and experts working for international organisations.Trade Review‘Referendums and popular initiatives have become more frequent in Europe, and also more disruptive for the stability of national political systems. There is a rich political science literature on the promise and risk of direct democracy but the legal literature, so far, tended to be country-specific. The present volume fills a gap in our knowledge by providing an in-depth comparative study of the legal constraints that condition and channel the recourse to instruments of direct democracy. The book covers 11 representative countries of Europe and it also discusses the Europe-wide Code of good practice on referendums adopted by the Venice Commission.’Table of ContentsContents: 1 Introduction to The Legal Limits of Direct Democracy 1 Daniel Moeckli PART I THE VENICE COMMISSION’S CODE OF GOOD PRACTICE ON REFERENDUMS 2 The Code of Good Practice on Referendums 11 Pierre Garrone 3 Revision of the Code of Good Practice on Referendums 19 Nicos C. Alivizatos PART II ‘OLD’ EUROPEAN DEMOCRACIES 4 Switzerland 24 Daniel Moeckli 5 Liechtenstein 43 Wilfried Marxer 6 Italy 65 Henri Ibi 7 Spain 86 Daniel Simancas 8 France 107 Marthe Fatin-Rouge Stefanini PART III ‘NEW’ EUROPEAN DEMOCRACIES 9 Slovenia 135 Bruna Žuber and Igor Kaučič 10 Croatia 155 Robert Podolnjak 11 Slovakia 176 Kamil Baraník 12 Hungary 195 Anna Forgács 13 Latvia 214 Mārtinš Birģelis 14 Russia 236 Julian Ivan Beriger 15 Comparative conclusion 262 Anna Forgács, Henri Ibi and Daniel Moeckli Index

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Book SynopsisIllustrating the legacy of Brexit, this timely Research Handbook provides a comprehensive and coherent analysis of not only the Brexit process within the UK but also what it means for both the UK and the EU within the framework of their future relationship.Bringing together contributions from leading scholars in the field, this Research Handbook considers the ways in which the legal, economic and political uncertainty brought about by Brexit through the upheaval of established norms and values will continue to reverberate for the remainder of the 2020s and beyond. Divided into four parts, it focuses on different aspects of the Brexit process and the EU-UK future relationship, including Brexit’s impact on the political system of the United Kingdom, repatriation of laws and competences and a post-Brexit framework. Above all, it argues that Brexit creates both new challenges and new opportunities for the UK but also for the process of EU integration.The Research Handbook on Legal Aspects of Brexit will be crucial reading for researchers and students in the fields of constitutional and administrative law, European law and politics looking to enhance their understanding of the impact that Brexit will have for both the UK and the EU.Trade Review‘This important work emerges as an indispensable legal roadmap to navigate the most important dark spots in the maze of the populist low point in recent British history. You will find it delightful even being deeply upset by the subject matter.’ -- Dimitry Kochenov, Central European University, Austria‘This is a splendid work of collective scholarship, which provides a comprehensive overview of the principal instruments of Brexit, and the impact of withdrawal on the most salient aspects of United Kingdom law and the functioning of the European Union. It deserves to be the “go to” book on legal aspects of Brexit for many years to come.’ -- Kieran Bradley, former Special Adviser on Brexit to the Court of Justice of the European UnionTable of ContentsContents: Introduction to the Research Handbook on Legal Aspects of Brexit 1 Adam Cygan and Adam Łazowski PART I PROCESS 1 Brexit’s impact on the political system of the United Kingdom 17 Alan Wager 2 The UK and parliamentary government after Brexit – A dis-United Kingdom? 33 Michael Gordon 3 What about our constitutional requirements? Revisiting the decision of the UK to withdraw from the European Union 54 Theodore Konstadinides and Riccardo Sallustio 4 And then they were (again) twenty-seven: the EU-UK Withdrawal Agreement 73 Adam Łazowski 5 Retained EU law in the UK legal orders: continuity between the old and the new 98 Catherine Barnard PART II POST-MEMBERSHIP EU-UK LEGAL FRAMEWORK 6 The EU-UK Trade and Cooperation Agreement: forging partnership or managing rivalry? 122 Joris Larik and Ramses A. Wessel 7 Not so frictionless after all: trade in goods and services in the EU-UK Trade and Cooperation Agreement 148 Yohannes Ayele, Ingo Borchert, Michael Gasiorek, Peter Holmes, Anna Jerzewska, Minako Morita-Jaeger and Suzannah Walmsley 8 The EU Customs Union, free movement of goods, and enforcement mechanisms in the Protocol on Northern Ireland: a legal appraisal 175 Graham Butler 9 Criminal justice and security cooperation after Brexit 198 Valsamis Mitsilegas 10 Private international law and cooperation in civil and commercial matters after Brexit – legislative gaps and future developments 221 Vesna Lazić and Chukwuma Okoli 11 After the Brexit bonfire: identifying the embers of future foreign, security and defence cooperation with the EU 240 Steven Blockmans PART III REPATRIATION OF LAWS AND COMPETENCES 12 Constitutional impact of withdrawal on the protection of fundamental rights 257 Eleni Frantziou 13 ‘Taking Back Control’: the challenges and opportunities of United Kingdom regulatory autonomy 276 Adam Cygan 14 Environmental protection after Brexit: preventing the return of Europe’s dirty man 300 Wybe Th. Douma 15 Brexit and workers’ rights: managing divergence and managing trust 320 Jeff Kenner 16 Equality law after ‘Brexit’ – stunted or reverse ‘repatriation’? 346 Dagmar Schiek and Aislinn Fanning 17 Immigration: EU citizens and the UK 366 Elspeth Guild and Simon Cox 18 Levelling up a Level playing field: competition and subsidies in post-Brexit Britain 383 Andrea Biondi and Anneli Howard 19 Three narratives on the United Kingdom’s trade agreements post-Brexit 403 Panos Koutrakos PART IV APRÈS BREXIT: THE EUROPEAN UNION OF TWENTY SEVEN 20 UK, EU institutions, and Brexit: good times, bad times 423 Agata Gostyńska-Jakubowska and Adam Łazowski 21 Goodbye but no good riddance: Internal Market with and without the United Kingdom 448 Adam Łazowski 22 EU finances post-Brexit 470 Richard Crowe 23 Brexit and Europe à géometrie variable: towards the beginning or the end of the differentiated integration within the EU legal order? 491 Alicja Sikora 24 Impact of Brexit on future enlargements of the European Union: a view from the Balkans 507 Julija Brsakoska Bazerkoska 25 The future of the EU beyond the war in Ukraine 524 Federico Fabbrini 26 Conclusions – life is going to be different 538 Adam Cygan and Adam Łazowski Index 557

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Book SynopsisWith the transfer of ever more tasks and competences to the European level the EU's administration has become increasingly complex, with 'agencification' as the most visible sign of this differentiation. This book offers a much-needed analytical overview of the field, with the aim of improving our understanding of administration at the European level, and indeed of improving the administration itself.Importantly, the book takes a comparative approach, examining the parallels and differences with the US law of administrative organization - and demonstrates that it is not sufficient to consider the respective laws of important Member States in isolation. Using this comparison as a vehicle, the book provides a rounded conceptualization of the law of administrative organization of the EU. This includes a reasoned proposal for a reformed Art. 298 TFEU to address deficiencies in the EU's administrative organization and to enhance administrative legitimacy in the EU.Legal scholars undertaking research in the field of European and administrative law and civil servants working for Member States or European institutions will appreciate the scholarly thoroughness of this book.Trade Review‘The book as a whole represents a significant achievement as well as a mile marker in the development of EU law. After years of growth, the administrative organization of the EU is perhaps ready for a phase of doctrinal consolidation and refinement. With a sophisticated grasp of the current state of EU law and a well-stocked toolbox of relevant concepts and structures, Ruffert charts what that next phase could entail. Those with an interest in the future of EU administration would do well to read the book.’ -- Jud Mathews, Penn State Law School, US'Erudite and delightfully comparative, Ruffert's exploration of the core principles of administrative organization for the EU is bound to become a milestone in the EU administrative law literature. For EU scholars and practitioners, this is a must-read.' -- Robert Schutze, Durham University, UK and LUISS, Rome, Italy'Few observers are better positioned than Matthias Ruffert to tackle this complex topic. He brings to the task both an extraordinary breadth of comparative knowledge as well as an essential combination of analytical rigor and clarity of presentation. Law of Administrative Organization of the European Union is a great achievement that will be a go-to resource for judges, lawyers, professors, and students for years to come.' -- Peter L. Lindseth, University of Connecticut, School of Law, USTable of ContentsContents: Preface 1. Law of administrative organization of the EU: a regulatory task and mandate for research 2. Comparative law and law of administrative organization 3. Central concepts of law of administrative organization 4. Legitimacy–control–oversight 5. Federal interconnections 6. Law of administrative organization revisited References Index

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Book SynopsisThis innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area. Closing the gap between empirical interview data, and case law analysis, chapters use a unique combination of the two research methods to consider two current, and one former, EU Member States. The book demonstrates that judges extensively use the procedure and follow its outcome almost without exception, despite dissatisfaction and criticism regarding the absence of a true dialogue. By embedding the examples in the book in appropriate theory, this study will provide a useful read for students of EU law, particularly those wanting to better understand its consequences in the national legal order. Its recommendations for good practices in the ECJ and national courts will also be helpful to legal practitioners, judges and legal secretaries.Trade Review‘This book will be valuable to any scholar interested in the preliminary reference procedure and the overall functioning of the EU legal system. The unique aspect of the book is its interdisciplinary approach, which successfully combines legal analysis with the exploration of interview data. Another of the book’s strengths is its comprehensiveness with regard to the analysis of the different stages of the preliminary reference procedure.’ -- Karin Leijon, European Law Review‘The book is a more than welcome addition to the literature that exists on the preliminary reference procedure. Krommendijk synthesizes much of the earlier work that has been done on the motivations to refer, and compares and contrasts these works with his findings. This results in a very useful catalogue of reasons to refer which will prove useful for any further examination of the topic, whether through qualitative or quantitative methods.’ -- Lucia van der Meulen, Common Market Law Review‘This book is a very welcome addition to the small but growing literature providing qualitative empirical insight into the practice of a range of national courts in relation to the preliminary reference procedure of EU law, and how those judges perceive the procedure and the role of the Court of Justice. Thoughtfully and carefully written, and based on case-law analysis as well as primary interviews with judges from three national jurisdictions, the book offers a rich and nuanced picture of the facts which influence national judges when deciding whether to refer to Luxembourg, as well as how they respond to the rulings given by the ECJ to the questions they refer.’ -- Gráinne de Búrca, New York University Law School, USTable of ContentsContents: 1. Introduction to National Courts and Preliminary References to the Court of Justice 2. Legal formalism versus pragmatism 3. Other non-political considerations and factors 4. Politico-strategic reasons 5. The interaction: dialogue or monologue? 6. Perspectives on the answers of the ECJ 7. Follow-up: strict adherence or divergence? 8. Conclusions to National Courts and Preliminary References to the Court of Justice Bibliography Index

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Book SynopsisThis insightful book analyses the theory and practice of administrative law in the European Union and its member states. Adopting a functional approach, Diana-Urania Galetta and Jacques Ziller provide a detailed overview of the law as it applies to EU institutions, bodies, offices, agencies, and member state authorities.

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Book SynopsisThis timely book presents international and interdisciplinary perspectives on the dynamics, trajectories and consequences of Brexit. Focusing on the interaction of legal and economic issues, it evaluates the relevance of non-economic expectations and ‘red lines’ involved in the process of the UK’s exit from the EU.Contributors employ a range of methodological approaches, from game theory to the study of populism, to address the viability of WTO rules as an alternative to the EU’s internal market, future financial market regulation and commercial dispute settlement after Brexit. Chapters measure the trade-off between British autonomy and potential gains from trade, assessing how the UK may interact with the European Court of Justice and EU law. Incorporating insights from economics as well as European and international law, this thought-provoking book looks to the future of the UK and how it will contend with capital markets, adjudication of commercial law and pitfalls in the withdrawal agreement.Featuring law and economics viewpoints from renowned international scholars, this book will be indispensable reading for academic lawyers, economists and political scientists, particularly those with an interest in EU law and the implications of Brexit. It will also be useful to politicians, civil servants and legal practitioners in need of a measured response to the UK withdrawal agreement and the imminent outcomes of Brexit.Trade Review‘This is a remarkable book that provides an in-depth multidisciplinary insight into the legal and economic consequences of Brexit. It contains a careful analysis, supported with theoretical predictions and empirical data on the consequences of Brexit.’Table of ContentsContents: Preface vii 1 At Brexit crossroads: autonomy and gains from trade as alternatives? Introduction and overview 1 Hans-Bernd Schäfer and Jörn Axel Kämmerer 2 Some game-theoretic aspects of Brexit 34 Roland Kirstein 3 Brexit: populist reaction to the 2008 speculative bubble bursting? 77 Ejan Mackaay 4 Dead end or pathway to new relations? Structure and problems of the EU–UK Withdrawal Agreement 92 Jörg Philipp Terhechte 5 Services: market access and standards in future EU–UK relations 110 Friedemann Kainer 6 Brexit and how it affects capital markets (regulation) 142 Wolf-Georg Ringe 7 Third-country market access under Brexit: new wine in old bottles 177 Mathias Hanten 8 Settlement of international commercial disputes post-Brexit, or: united we stand taller 190 Giesela Rühl Index

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Book SynopsisThis provocative book investigates the relationship between law and artificial intelligence (AI) governance, and the need for new and innovative approaches to regulating AI and big data in ways that go beyond market concerns alone and look to sustainability and social good. Taking a multidisciplinary approach, the contributors demonstrate the interplay between various research methods, and policy motivations, to show that law-based regulation and governance of AI is vital to efforts at ensuring justice, trust in administrative and contractual processes, and inclusive social cohesion in our increasingly technologically-driven societies. The book provides valuable insights on the new challenges posed by a rapid reliance on AI and big data, from data protection regimes around sensitive personal data, to blockchain and smart contracts, platform data reuse, IP rights and limitations, and many other crucial concerns for law’s interventions. The book also engages with concerns about the ‘surveillance society’, for example regarding contact tracing technology used during the Covid-19 pandemic. The analytical approach provided will make this an excellent resource for scholars and educators, legal practitioners (from constitutional law to contract law) and policy makers within regulation and governance. The empirical case studies will also be of great interest to scholars of technology law and public policy. The regulatory community will find this collection offers an influential case for law’s relevance in giving institutional enforceability to ethics and principled design.Trade Review‘Regulatory Insights on Artificial Intelligence is bursting with ideas. While many more questions are asked than answered, those questions require one to think deeply about important issues associated with AI. That thinking is sorely needed now, if this technology is to benefit us, rather than harm us.’ -- Rob Clark, Intellectual Property Forum (IPSANZ)‘Regulatory Insights on Artificial Intelligence provides a timely and important discussion of the regulation of a technology that is not only proliferating into our lives, but becoming disruptive in our economic and social institutions. I highly recommend the book for legal scholars, regulators, and anyone interested in a comprehensive text on the topic.’ -- Woodrow Barfield, Visiting Professor, University of Turin, Italy‘This book is an excellent resource for aiding the discussion on the imminent need for effective regulation, informed by interdisciplinary and multi-stakeholder approaches, that AI governance requires. It is a must read for those interested in the “next steps” to actually implementing or codifying AI governance into existing legal contexts.’ -- Christoph Lütge, Technical University of Munich, GermanyTable of ContentsContents: Preface xi 1 Regulatory insights on artificial intelligence: research for policy 1 Mark Findlay and Jolyon Ford 2 Editors’ reflections 16 Mark Findlay and Jolyon Ford 3 Artificial intelligence and sensitive inferences: new challenges for data protection laws 19 Damian Clifford, Megan Richardson and Normann Witzleb 4 Revaluing labour? Secondary data imperialism in platform economies 46 Mark Findlay and Josephine Seah 5 Gauging the acceptance of contact-tracing technology: an empirical study of Singapore residents’ concerns and trust in information sharing 70 Ong Ee Ing and Loo Wee Ling 6 Regulating personal data usage in COVID-19 control conditions 101 Mark Findlay and Nydia Remolina 7 Editors’ reflections 128 Mark Findlay and Jolyon Ford 8 Coding legal norms: an exploratory essay 132 Will Bateman 9 Artificial intelligence and the unconscionability principle 150 Dilan Thampapillai 10 The possibilities of IF-THEN-WHEN 162 Sally Wheeler 11 Doing it online: is mediation ready for the AI age? 187 Nadja M Alexander 12 Editors’ reflections 214 Mark Findlay and Jolyon Ford 13 Ethical AI frameworks: the missing governance piece 218 Jolyon Ford 14 The accountability of algorithms on social media platforms 239 Philippa Ryan 15 Models and data trade regulation and the road to an agreement 261 Henry Gao Index

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Book SynopsisTimely and incisive, this book offers a critical insight into the legal structure of EU development cooperation policy, exploring the innate complexities that give rise to legal challenges in this crucial area of EU external action. Investigating the interaction between the key tenets of coherence and conferral, Dr. Tina Van den Sanden assesses how the Union’s legal framework affects the attainment of its development cooperation objectives. Demonstrating the inherent tension between the central principle of conferral, which restricts the Union’s legal competences to the boundaries established within its Treaties, and the need for coherence, this ambitious book provides an insightful analysis of EU development cooperation policy. Chapters further scrutinise the legal scope of such policy and its delimitation with closely linked policy areas of environment, the common commercial policy (CCP), and the common foreign and security policy (CFSP); establish the division of competences and cooperation between the Union and its Member States; and evaluate the management of the institutional division of competences between different EU actors. The book concludes with an assessment of whether the Union’s legal, constitutional, and institutional structures are equipped to meet and support its own development cooperation aims. Both legal scholars and practitioners interested in EU external relations law will benefit from this book’s comprehensive analysis of the underlying legal frameworks that form and influence EU development cooperation policy.Trade Review‘The book offers a sharp legal analysis of EU development cooperation policy. By means of a thorough constitutional analysis, the author critically examines a complex, multi-dimensional and highly topical area of EU law in a remarkably coherent manner, wrapped up in a very fluent narrative style.’ -- Elise Muir, KU Leuven, Belgium‘This book, written by an expert in both the theory and the practice of EU development cooperation, explores how that policy's objectives can be achieved in a coherent manner within the constraints of the Union’s conferred competences. It succeeds in the remarkable feat of identifying and reflecting on the constitutional challenges comprehensively and methodically while maintaining analytical precision and concision. It is essential reading for anyone interested in the potential and the challenges facing this central aspect of EU external action.’ -- Geert De Baere, General Court of the EU, Luxembourg‘The EU’s development cooperation policy plays an important role in the Union’s external relations, but also gives rise to complex and difficult legal problems. It is therefore exhilarating that with her book EU Development Cooperation Policy: Between Constitutional Strictures and Policy Objectives Dr. Van den Sanden excellently analyses some of the most pressing legal challenges in the area.’ -- Morten Broberg, University of Copenhagen, DenmarkTable of ContentsContents: 1. Introductory chapter on coherence–conferral and the attainment of the EU’s development cooperation policy objectives PART I THE LEGAL SCOPE OF EU DEVELOPMENT COOPERATION POLICY AND THE HORIZONTAL DIVISION OF COMPETENCES BETWEEN DEVELOPMENT COOPERATION AND ENVIRONMENT, TRADE, AND SECURITY 2. The legal scope of EU development cooperation policy 3. Delimitation with environment, common commercial policy, and common foreign and security policy 4. Conclusions on the legal scope of EU development cooperation policy and delimitation with other closely linked areas PART II DIVISION OF COMPETENCES AND COOPERATION BETWEEN ACTORS 5. The nature of EU development cooperation and vertical division of competences and cooperation between the Union and the Member States in development cooperation policy 6. The management of the institutional division of competences and cooperation between EU actors in EU development cooperation policy 7. Conclusions Index

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Book SynopsisIn this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings.Offering a compact but comprehensive constitutional history, Venter investigates the ways in which the standard vocabulary does not fit comfortably in many contemporary constitutional orders, as well as examining how its cogency is increasingly being questioned. Chapters contextualize comparative constitutional methods to demonstrate how the language choices made by comparatists are shaped by their own perspectives, arguing that careful explanation of the meanings attached to constitutional terms is imperative in order to be persuasive or even understood.Tackling the foundational elements of the field, this book will be a critical read for constitutional scholars across the globe. It will also be of interest to high-level practitioners of constitutional law and political scientists for its investigation of terminology that is crucial to their work.Trade Review‘This book taps into deeper layers in comparative constitutional law. Francois Venter starts from the lingual character of all law to examine seemingly similar terms in different political systems and their relationship to foundational insights, political conditions and diverging legal traditions. Equipped with such comparative findings, researchers and practitioners of constitutional law will better understand contested concepts in their own system.’ -- Ernst Hirsch Ballin, Tilburg Law School, the NetherlandsTable of ContentsContents: Preface 1. Constitutional language spoken here 2. The history of contemporary constitutional language 3. Nation 4. Sovereignty 5. The state 6. Citizenship and nationality 7. Democracy 8. Rule of law 9. Constitutionalism 10. Judicial review 11. Constitutional comparison and terminology Epilogue Bibliography Index

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Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary.With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.Drawing on the expertise of an impressive selection of contributors, with experience of research in different administrative law fields, this book breaks away from the dominance of doctrinal analysis which permeates the existing literature and explores contemporary, innovative methods of research. Chapters present a concise account of what is known and unknown about administrative law, as well as recasting what was considered known. The book provides an arena for an exchange of ideas, all of which are designed to push scholars into thinking seriously about research methods and to develop novel scholarly agendas that can enrich administrative law.Addressing a void in current research and scholarship, this timely book will be of interest to lawyers and academics keen to push beyond the current boundaries of administrative law. Degree-level students and early career researchers in the fields of comparative and public law will also benefit from this discerning Research Agenda.Trade Review‘Covering a broad and diverse set of administrative law issues, A Research Agenda for Administrative Law prompts comparisons to a scholar’s own research even when it is in a different area of administrative law or a different administrative law system. Readers will find much to appreciate in chapters that reveal the challenging nature of our subject and the satisfaction of understanding it better. I am unaware of another book that offers scholars the same opportunity to contemplate how we understand the institutional, doctrinal, and political dimensions of this difficult but fascinating subject.’ -- Sidney Shapiro, Wake Forest University, US‘This is a must-read – a collection that is deliberately suggestive, provocative and wide-ranging. Administrative law scholarship is a big tent, comprising much more than doctrinal exposition and analysis of common law principles of judicial review. This collection of essays by leading scholars in the UK, Canada, New Zealand and Australia demonstrates other ways of looking at doctrine, as well as the potential and need for researching new or increasingly urgent aspects of the law’s relationships with the administrative state. Often (although not always) empirically focused, leading scholars address the methodological, normative, and even technological challenges and opportunities for those engaging in and reacting to the ever-changing modes of public administration and regulation.’ -- Emeritus Professor Mark Aronson, University of New South Wales, AustraliaTable of ContentsContents: Introduction xiii 1 Imagining method in administrative law scholarship 1 Elizabeth Fisher 2 Exploring the real world: researching the impact of judicial review 21 Maurice Sunkin 3 Investigating administration and administrative law: research questions from immigration administration 43 Robert Thomas 4 Administration in the constitution: disaggregating power for accountability purposes 65 Janet McLean 5 Parliament as scrutineer: parliamentary oversight of the law-making process 85 Alexander Horne and Michael Torrance 6 Judicial review scholarship expanding legal scholarly imagination 115 Joanna Bell and Sarah Nason 7 Administrative justice in transit: time for new vistas 137 Carol Harlow 8 Transcending the public law–private law divide 163 Jason NE Varuhas 9 Addressing contractual governance 207 Richard Rawlings 10 Regulation and administrative law: some key issues 235 Tony Prosser 11 Administrative law in the digital world 255 Paul Daly, Jennifer Raso and Joe Tomlinson 12 Administrative law in the EU: the liberal constitutional paradigm and institutionalism as an imperfect alternative 281 Joana Mendes Index 307

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Book SynopsisThis thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.Covering areas such as posting of workers, the right to collective bargaining, political rights and free movement for EU citizens, and asylum policy, chapters provide a cross-disciplinary and policy-oriented treatment of these subjects alongside focused legal analysis. Complementing traditional concepts and methodologies with newly emerged empirical elements, the book exposes the EU’s inherent tensions while also offering new perspectives on the ways in which EU constitutional principles, rooted in solidarity, could inform a future Social Europe.Law, Solidarity and the Limits of Social Europe will be a stimulating read for scholars and students of EU law and social policy. It will also be of interest to legal practitioners, policy makers and civil society organisations working in fields related to Social Europe.Trade Review‘This excellent book offers an inspirational vision of Europe. It faces up to the broad range of challenges that now confront the project of European integration. By bringing together social science and law, it offers a critical analysis of how to construct a European social space that is both shared and fair. Dedicating the publication to the memory of the originator of the project, Reza Banakar, the editors have done an admirable job of turning initial ideas into a valuable publication.’ -- Marina Kurkchiyan, University of Oxford, UKTable of ContentsContents: Foreword by Jörgen Hettne x Acknowledgements xiii Introduction to Law, Solidarity and the Limits of Social Europe xiv Ann-Christine Hartzén, Andrea Iossa and Eleni Karageorgiou PART I SOCIAL RIGHTS, LABOUR LAW AND COLLECTIVE BARGAINING 1 Addressing ‘social dumping’ and ‘unfair competition’ – an analysis of EU pillar initiatives from a sustainability perspective 2 Tonia Novitz 2 Posting from a letterbox: transnational mobility of workers, social dumping and the economic fundamental freedoms’ veil 22 Antonio Lo Faro 3 Some observations on the EPSU case: a bad judgment for democracy and subsidiarity, alias a textbook example of not promoting the European Social Dialogue 43 Filip Dorssemont 4 EU economic governance: a tool to promote or threaten social rights? The example of the right to collective bargaining 62 Pieter Pecinovsky 5 The Swedish model of labour market regulation and the EU: is there room for national characteristics in today’s constitutional framework? 82 Caroline Johansson PART II MOBILITY, BREXIT AND THE QUESTION OF SOLIDARITY 6 Strong economic rights, weak political rights in the EU: a constitutional cacophony 104 Antonios Kouroutakis 7 The solidarity constitution in the EU: refugees and asylum as litmus test 117 Joxerramon Bengoetxea 8 European dys-integration, popular disillusionment and Brexit: could ‘substantive constitutionalisation’ help win back minds and hearts? 136 Fotis Vergis 9 Dignity- and reciprocity-based solidarity as the normative framework of the EU’s constitutional settlement 158 Sacha Garben Select bibliography 182 Index

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Book SynopsisThis comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.Bringing together leading experts from law, political science, economics and socio-legal studies, this Research Handbook provides a state-of-the-art analysis of EU enforcement laws, policies, and scholarship. It presents conceptual, institutional, and sectoral perspectives on EU law enforcement, advancing existing knowledge on why, when, and how laws are being followed or disobeyed. Contributors explore enforcement in specific EU policy areas, including foreign relations, economic policy, the internal market, competitiveness, and citizen rights. It argues that an overarching EU enforcement strategy would be more successful than the current model of diverse methods of enforcement in different policy areas.Employing multi-dimensional and comparative approaches, the Research Handbook on the Enforcement of EU Law will be a valuable resource for scholars of European law and politics, public administration, governance, and compliance. It will also be a useful guide for public officials seeking to (re)design and assess effective and enforceable policies.Trade Review‘The Research Handbook on the Enforcement of EU Law is a must-read and standard reference for anyone studying how EU laws and policies are put in practice. This truly interdisciplinary, comprehensive collection of fine, in-depth scholarly contributions covers all relevant aspects of EU enforcement in many different sectors.’ -- Eva Thomann, University of Konstanz, Germany‘Offering an excellent and comprehensive overview, this Research Handbook deepens our understanding of enforcement. Using a multi-level perspective with a focus on policy sectors, it convincingly shows that enforcement is shaped by many factors, most importantly our conceptual understanding of enforcement including ideas about policy, the institutional context and the possibly conflicting interests of political actors involved. The Research Handbook enriches the current literature and forms an exciting starting point for further research.’ -- Bernard Steunenberg, Leiden University, the NetherlandsTable of ContentsContents: Foreword xii Acknowledgements xiv PART I ENFORCEMENT OF EU LAW FROM A CONCEPTUAL POINT OF VIEW 1 Introduction to Research Handbook on the Enforcement of EU Law 2 Miroslava Scholten and Leander Stähler 2 Private enforcement of EU law 19 Olha O Cherednychenko 3 Administrative law enforcement of EU law 38 Ton Duijkersloot and Rob Widdershoven 4 Criminal law enforcement of EU law and the impact of Europeanization 56 Frank Meyer and Dimitrios Tsilikis 5 Enforcement concepts and strategies in the EU 76 Jeroen van der Heijden and Olga Batura 6 Challenges in EU law enforcement and the digital age 91 Asya Zhelyazkova PART II ENFORCEMENT OF EU LAW FROM AN INSTITUTIONAL PERSPECTIVE 7 European Commission 107 Urszula Jaremba 8 The Court of Justice of the European Union and national courts as enforcers of EU law 123 Frans van Dijk and Kees Sterk 9 National enforcers and European networks as engines for enforcement cooperation 139 Eva Ruffing 10 EU enforcement agencies 152 Miroslava Scholten 11 The choice of EU agencies or networks of national authorities: exploring the relevance of regulated industry characteristics 167 Laurens van Kreij PART III ENFORCEMENT OF EU LAW FROM A SECTORAL PERSPECTIVE 12 The Common Commercial Policy and customs union 186 Thomas Verellen 13 Public and private enforcement possibilities within the EU’s Common Foreign and Security Policy 199 Graham Butler 14 Economic and monetary union 215 Ton van den Brink and Luca Collazzo 15 European banking union 231 Argyro Karagianni and Laura Wissink 16 Anti-money laundering 246 Christy Ann Petit 17 A power to fine: establishing negligence and intent in infringements by credit rating agencies and trade repositories 265 Jonathan Foster 18 The internal market 281 Olivier Linden 19 Labour law and social policy 298 Frans Pennings 20 Environmental law 315 Florentin Blanc, Paola Coletti, Campbell Gemmell and Carola Bertone 21 Food law 333 Florentin Blanc and Luca Megale 22 The enforcement of EU consumer law 349 Christine Riefa and Mateusz Grochowski 23 Energy law 364 Julius Rumpf and Catherine Banet 24 Enforcing common fisheries and agricultural policies 380 Federica Cacciatore, Mariolina Eliantonio and Joseph A McMahon 25 Competition law 397 Maciej Bernatt and Laura Zoboli 26 EU procurement and concessions law 414 Roberto Caranta and V’tězslava Fričov‡ 27 State aid in the European Union 430 Allard Knook 28 Intellectual property law 444 Peter Blok and Willemijn Kornelius 29 Data protection 460 Herwig Hofmann and Lisette Mustert 30 Area of freedom, security and justice 475 Stefano Montaldo 31 The Common European Asylum System 491 Salvatore Fabio Nicolosi 32 Protection of the financial interests of the EU 508 Michele Simonato and Andon Tashukov 33 Challenges and successes of enforcement of EU law 524 Miroslava Scholten Index

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Book SynopsisThis incisive book evaluates the legal effects of soft law, its foundations and how they behave in some of the most innovative areas of EU law. Combining theory, language and sectoral insights, this comprehensive review uses case studies to shed new light on the three core areas of soft law. The book opens with an exploration of the meaning and scope of EU soft law’s legal effects from a theoretical and doctrinal perspective. Chapters analyse the role, contribution and broader legal effectiveness of the language employed by EU authorities when drafting soft law instruments. Finally, in a ground-up approach to the research topic, the book discusses soft law’s legal effects within three areas of EU legislation, namely financial supervision, technical standardisation and telecommunications law. Advancing a legal and argumentative toolkit to evaluate and improve EU soft law’s persuasiveness, this title will be advantageous to academics, practitioners and policy-makers with specialisations in European law, constitutional and administrative law and regulation and governance.Trade Review‘This outstanding book is an innovative and important contribution to our knowledge and rethinking of soft law, relations to hard law and normative effects. The many theoretical insights and the detailed analysis of normativity, language, and financial supervision, standardization, and telecommunications will be essential reading for all interested in the subject.’ -- Francis Snyder, Peking University School of Transnational Law, China‘A brilliant contribution to the analysis of EU soft law, but also of soft law in general.’ -- Jean-Bernard Auby, Sciences Po Paris, FranceTable of ContentsContents: 1 Introduction to The Legal Effects of EU Soft Law 1 Petra Lea Láncos and Luis Arroyo Jiménez PART I THEORY 2 Beyond bindingness: A typology of EU soft law legal effects 9 Luis Arroyo Jiménez 3 Reconsidering the legal effect of EU soft law in national implementation: Bindingness from an individual rights perspective 33 Wolfgang Weiß 4 EU soft law: validity, normativity and ‘bindingness’ reviewed 53 Verena Rošic Feguš PART II LANGUAGE 5 Words are stones: Constructing bindingness through language in EU environmental soft law 76 Danai Petropoulou Ionescu and Mariolina Eliantonio 6 Verbal markers of ‘softness’ in EU law? A computer-based analysis to delimit soft law and hard law focusing on directive-like recommendations 111 Petra Lea Láncos and Eljalill Tauschinsky 7 A legal-argumentative framework for persuasive EU soft law: The case of the European Commission’s recommendations 142 Corina Andone and Floran Comand-Kund PART III SECTORAL INSIGHTS 8 The comply-or-explain mechanism in the European Supervisory Authorities, or: does Meroni allow nudging? 176 Robert Böttner 9 The legal effects of harmonised standards in EU law: From hard to soft law, and back? 193 Annalisa Volpato 10 Hard rules for soft law: The case of European Union telecommunications law 213 Emanuel Kollmann 11 Conclusions to The Legal Effects of EU Soft Law 233 Petra Lea Láncos and Luis Arroyo Jiménez

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Book SynopsisThis book takes a new approach to post-socialist constitutional change in Europe and Eurasia. It views these constitutions as the products of the collapse of Europe’s last empire, the Soviet Union. This book therefore seeks to understand these constitutions as more than just post-authoritarian texts, but also as post-colonial ones.This post-colonial paradigm provides a new set of tools for understanding constitutional dynamics in key countries within the European Union as well as the former Soviet republics to the East. In particular, it helps explain democratic backsliding in Central Europe (such as Hungary and Poland), authoritarian resilience in many of the former Soviet republics (including Russia, Belarus, and Kazakhstan) as well as ongoing struggles about national identity in places like Ukraine and Moldova. Partlett and Küpper’s application of the post-colonial paradigm to the former Soviet world contributes to our understanding of post-colonial constitutionalism. This insightful book therefore appeals to the comparative constitutional academic community as well as the broader academic community interested in post-colonialism. It will also be of interest to a general audience interested in better understanding the former socialist bloc countries.Trade Review‘This daring book reconceptualises post-Soviet transitions as exercises in post-colonial constitution-making. The result of this reframing is a wealth of insight, including a deepened understanding of the understudied polities that were formerly part of the USSR and fresh perspectives on the authoritarian turn taken in some parts of Eastern Europe.’ -- ­– David Landau, Florida State University, College of Law, USTable of ContentsContents: Preface Introduction: understanding East European and Eurasian constitutions through the post-colonial lens 1. Post-colonialism and post-socialist constitutional change 2. Russian constitution-making: convergence or continued exceptionalism in the former imperial centre? 3. An unexpected independence: the constitutions of the states of the ‘inner empire’ 4. Case studies from the inner empire 5. Factual decolonisation: the constitutions of the states of the ‘outer empire’ 6. Case study from the outer empire Conclusions: the shadows of the past and the overlaps between the post-authoritarian and the post-colonial Bibliography Index

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Book SynopsisThis provocative and timely book identifies and disrupts the conventional regulation and governance discourses concerning AI and big data. It suggests that, instead of being used as tools for exclusionist commercial markets, AI and big data can be employed in governing digital transformation for social good. Analysing the ways in which global technology companies have colonised data access, the book reveals how trust, ethics, and digital self-determination can be reconsidered and engaged to promote the interests of marginalised stakeholders in data arrangement. Chapters examine the regulation of labour engagement in digital economies, the landscape of AI ethics, and a multitude of questions regarding participation, costs, and sustainability. Presenting several informative case studies, the book challenges some of the accepted qualifiers of frontier tech and data use and proposes innovative ways of actioning the more conventional regulatory components of big data. Scholars and students in information and media law, regulation and governance, and law and politics will find this book to be critical reading. It will also be of interest to policymakers and the AI and data science community.Trade Review‘Based on wisely selected case studies, the authors offer a compelling reframing of the orthodox tech-and-regulation relationship. They build a strong case that AI is more than a regulatory target: “Distruptive Regulation” uses technology to protect and advance the interests of vulnerable stakeholders instead of serving those in power.’ -- Urs Gasser, Technical University of Munich, Germany‘If you're looking for a thought-provoking read on governing AI and big data, then I highly recommend checking out this book. Using real-life examples, the authors offer a new approach to regulation that empowers people and promotes trust and data responsibility. The authors also provide practical pathways to advance digital self-determination and to promote fairness, and non-discrimination in how we use AI. Overall, the book challenges conventional thinking and is a must-read for anyone interested in technology and its impact on our society.’ -- Stefaan G. Verhulst, New York University, USTable of ContentsContents: 1. Disruptive regulation 2. Trust as regulation 3. Disrupting data – digital self-determination 4. Modern AI ethics is a field in the making 5. Modelling disruptive regulation Index

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Book SynopsisIn this thought-provoking book, Günter Frankenberg explores why authoritarian leaders create new constitutions, or revise old ones. Through a profound analysis of authoritarian constitutions as phenomena in their own right, Frankenberg reveals their purposes, the audiences they seek to address and investigates the ways in which they fit into the broader context of autocracies. Frankenberg outlines the essential features of authoritarianism through a discussion of a variety of constitutional projects in authoritarian settings: the executive style of opportunist, informal governing, political power as private property, participation as complicity, and the cult of immediacy that is geared towards fantasies of a community of the followers and their leader. He also takes a comparative approach to authoritarian constitutions, drawing out the relationships between them, as well as providing a critique of the discourse around populism and authoritarianism. Authoritarianism will be critical reading for scholars of constitutional law, as well as political scientists, who will find its comparative analysis of political systems in this context invaluable. It will also be useful to students of comparative law and political science for its clear explanation of the characteristics of authoritarianism across regimes.Trade Review‘Authoritarianism remains an important contribution to the literature on both the political practices of authoritarianism and the purposes for which authoritarian actors deploy constitutions.’ -- Stijn Smet,International Journal of Constitutional Law‘The analysis is comprehensive and cuts deep into critical aspects of both authoritarianism and what is usually cast as its significant other: liberalism. The book contributes to the theoretical, historical, and comparative scholarship on constitutionalism, from a substantive point of view, while also putting diligently into practice the methodological commitments that ought to underlie constitutional research in the age of both the liberal democratic dream and the creeping, increasingly recurrent authoritarian nightmare. Frankenberg has managed to thoughtfully dissect authoritarianism and colour the conventional understanding of constitutionalism with perhaps less comforting and familiar but unquestionably more truthful and fascinating shades. The work is a much-needed testimony to the fact that both the naive faith in the virtues of constitutions and the cynical disregard for their failures are ill-fated scholarly attitudes, unfit for recognizing, studying, and correcting the shortcomings and crises of constitutional modernity.’ -- Giusto Amedeo Boccheni, International Journal of Public Law and Policy''Why do authoritarian regimes bother with a constitution? This book pursues this seeming paradox with deep theoretical insight and broad empirical reach. The result is an indispensable guide to understanding the emerging varieties of authoritarianism and the magical allure that constitutions offer autocrats and democrats alike. This book also holds a mirror back to liberal constitutional regimes illuminating their colonial, ethnocentric, violent and parochial features to which they may have become ''comfortably numb.''' --Alvaro Santos, Georgetown University Law Center, US'''The good therapist fights darkness and seeks illumination, while romantic love is sustained by mystery and crumbles upon inspection.'' If Irving Yolem is Love's executioner, Günter Frankenberg is Authoritarianism's executioner. Rather than romanticizing or despising authoritarian regimes, he deconstructs their authority, technology and power to reveal their deepest pathologies. In departing from the comparative constitutional orthodoxy, obsessed with constitutional backsliding to restore liberal legalism, Frankenberg exposes the existential pain and anxiety of liberals and warns them about their complicity in authoritarianism.' --Fernanda G. Nicola, Washington College of Law, American University, USTable of ContentsContents: Preface Introduction 1. Constitutions 2. Authority/Power 3. Authoritarian Moments of Liberal Constitutionalism 4. Political Technology of Authoritarianism 5. Authoritarian Power as Private Property 6. Participation as Complicity 7. The Cult of Immediacy 8. Audiences and Purposes of Authoritarian Constitutions 9. Notes on the Pandemic of Authoritarianism 10. Epilogue Bibliography 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 SynopsisAlthough Native Americans have been subjugated by every American government since The Founding, they have persevered and, in some cases, thrived. What explains the existence of separate, semi-sovereign nations within the larger American nation? In large part it has been victories won at the Supreme Court that have preserved the opportunity for Native Americans to ‘make their own laws and be ruled by them.’ The Supreme Court could have gone further, creating truly sovereign nations with whom the United States could have negotiated on an equal basis. The Supreme Court could also have done away with tribes and tribalism with the stroke of a pen. Instead, the Court set a compromise course, declaring tribes not fully sovereign but also something far more than a mere social club.This book describes several of the most famous Supreme Court cases impacting the course of Native American history. The author provides an analysis of canonical American Indian Law cases with historical and legal context and brings a fresh perspective to the issues.Law students, policy makers and judges looking for an introduction to American Indian Law will gain an understanding of this complicated history. This exploration will also appeal to academics interested in a new perspective on old and current cases.Trade Review‘In this extraordinary book, Todd Henderson brings to life in a way never previously achieved the complex and fascinating history of what he describes as the American Indian Constitution. Focusing on seven Supreme Court decisions, Henderson addresses such compelling questions as whether Native Americans have rights to their land, and whether, and if so how, the United States Constitution applies to Indians on their own lands. This is a lively and important work of scholarship.’ -- Geoffrey R. Stone, The University of Chicago, USTable of ContentsContents: Introduction: The American Indian Constitution 1. What rights do Indians have to land? Tee-Hit-Ton Indians v United States (1955) 2. What civil authority do Indians have over non-Indians? Williams v. Lee (1959) 3. What rights do Indians have under treaties? Menominee Tribe v. United States (1968) 4. Is “Indian” a race? Morton v. Mancari (1974) 5. What criminal authority do Indians have over non-Indians? Oliphant v. Suquamish Indian Tribe (1978) 6. Does the Bill of Rights apply to Indians? Santa Clara Pueblo v. Martinez (1978) 7. What is the scope of Indian sovereignty? Montana v. United States (1981) 8. What is the future of Indian law at the Supreme Court? McGirt v. Oklahoma (2020) 9. The role of ideology Conclusion: can bells be unrung? Index

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Book SynopsisThe Legitimacy of European Constitutional Orders is a systematic and comparative study of European constitutional orders, taking into consideration the national constitutional traditions of European countries, as well as the defining power of EU law. Drawing on a wealth of case studies, this book explores the trajectories followed by European national constitutional orders in their efforts to attain legitimacy. More in particular, the book investigates Bruce Ackerman’s influential world constitutionalism project and engages with the three legitimacy pathways put forward therein; that is, the revolutionary, the establishment, and the elite pathways. Such ideal trajectories are revisited and found in need of being questioned so as to furnish the conceptual tools essential in the efforts of reconstructing and assessing the European constitutional orders. The book also considers the relevance of constitutional transformation and change in comparative constitutional law, and accounts for the manifold impacts of the European integration process on national constitutional trajectories. Offering an original perspective on the issue of constitutional legitimacy in the European context, this comprehensive book will be of interest to scholars and students of comparative law, constitutional law, European law, political science and constitutional theory as well as researchers and practitioners in these fields.Trade Review‘This edited volume stands out in the literature for its genuinely innovative contribution to our understanding of postwar European constitutionalism. Analyzing European constitutional histories through the prism of Bruce Ackerman's work on revolutionary constitutionalism, the chapters combine careful contextual analysis with US-style grand theory, offering the best of both worlds. By retelling the stories of our origins, this collection provides new insights and inspires us to think more deeply about where we are headed. It deserves a wide readership, both in Europe and beyond.’ -- Michaela Hailbronner, University of Münster, Germany‘A textured, polyphonic reply to Ackerman’s “Revolutionary Constitutions”, this highly readable volume offers fresh analyses of constitutional transformation in several European countries, connecting national experiences to supra-national developments and revisiting critically Ackerman’s taxonomies. An essential contribution to the literature on European constitutionalism and constitutional theory, this is comparative teamwork at its best.’ -- Daniela Caruso, Boston University, USTable of ContentsContents: 1 Treading alongside the legitimacy pathways: an introduction 1 Marco Dani, Marco Goldoni and Agustín José Menéndez PART I QUESTIONING THE LEGITIMACY PATHWAYS THEORY 2 The democratic and social constitutional state as the paradigm of the post-World War II European constitutional experience 19 Marco Dani 3 The concept of revolution as a key to comparison: Ackerman’s ‘Revolutionary Constitutions’ and Gramsci’s ‘Passive Revolutions’ 43 Alessandra Di Martino 4 Constitutionalism in postwar Europe: revolutionary or counter-revolutionary? 64 Michael Wilkinson PART II QUESTIONING THE REVOLUTIONARY PATHWAY 5 A republic of parties: the Italian constitutional order through the lenses of the constitutional regime 94 Marco Goldoni 6 Portugal: from transformative to open constitutionalism 113 Teresa Violante 7 Is France (really) revolutionary? 137 Arnaud Le Pillouer PART III QUESTIONING THE ESTABLISHMENT PATHWAY 8 The British constitution in Ackerman’s worldview: a critique 158 Martin Loughlin 9 Constitutional pathways in Scandinavia 177 Signe Rehling Larsen 10 The Elites, the People, and their Court 214 Justin Collings 11 Revolution and elite negotiations: deconstructing constitutional pathways in Hungary and Poland 234 Marina Bán PART IV LEGITIMACY PATHWAYS AND EUROPEAN INTEGRATION 12 The constitutionalization of European integration as a single, protracted ‘constitutional moment’ towards the establishment of EU final authority 259 Sacha Garben 13 Incompatible constitutional paths? Making (constitutional) sense of the existential crisis of the European Union 282 Agustín José Menéndez 14 Afterword: European dilemmas 304 Bruce Ackerman Index

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Book SynopsisThis book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies – human rights, democracy, and the rule of law – and the investment treaty regime, but also the potential for co-existence and complementarity.Contributions from leading experts in the field address how different systems of constitutional law interact with the investment treaty regime. Chapters provide a detailed overview of the various forms of interaction, and critically engage with the competing claims for supremacy that constitutional law and international investment law formulate. The book also addresses the reactions within the investment treaty regime to the demands formulated by constitutional law, in particular the use of constitutional analogies to understand international investment law and investor-state dispute settlement.Investigating the leading questions and issues surrounding this growing topic, this book will be an ideal read for students and scholars interested in financial, economic, and international law. Practitioners of constitutional law will also benefit from this innovative book.Trade Review‘This book offers a unique comparative contribution to the incredibly important but insufficiently investigated intersections between investment law and constitutional law. As legal systems in Europe and elsewhere grapple with these common problems at both doctrinal and systemic levels, this volume is essential reading for judges, arbitrators, lawyers and policymakers.’ -- Peter B. Rutledge, University of Georgia School of Law, US‘The interface between investment law and constitutional law is an issue of increasing salience to treaty negotiators, lawyers, apex court judges, and scholars. In this impressive collection, representing a diverse range of provocative perspectives, the authors help to further a research agenda too long overlooked. Of interest to the contributors are not only investment law’s impact on national and regional constitutional systems but also the prospects of investment law as nascent global constitutional law. If investment law scholarship has been too preoccupied with discrete doctrinal developments, this book should spark new thinking about the regime’s impact on the constitutional world-at-large.’ -- David Schneiderman, University of Toronto, Canada‘Thanks to Stephan Schill, Christian Tams and the colleagues they have assembled, the reader is given a wide-ranging insight to the various interactions between investment law and constitutional law. The book shows us that we are at a time of multiple encounters between these two bodies of law. The points of synergy and tension in these encounters are explored, such as the potential for shared values across these legal disciplines, the constraints that constitutional law imposes on investment law and arbitration, as well as the constitutionalization trends in investment law, among others. This is a must read book for those who wish to grasp the fundamental evolution of international economic law, and more especially investment law.’ -- Laurence Boisson de Chazournes, University of Geneva, SwitzerlandTable of ContentsContents: PART I INTRODUCTION 1 International investment protection and constitutional law: Between conflict and complementarity 2 Stephan W. Schill and Christian J. Tams PART II FRAMING THE DEBATE: HUMAN RIGHTS – DEMOCRACY – RULE OF LAW 2 Re-embedding foreign investment through human rights obligations for business entities: A nightmare or a noble dream? 39 Markus Krajewski 3 International investment law, democratic legitimacy, and the protection of human rights: Transforming constitutional property protection 56 Rhea Tamara Hoffmann 4 ‘Which it seeks to advance in the wider world’ – The EU’s legal obligation to promote the rule of law in international investment law 94 Till Patrik Holterhus PART III CONSTITUTIONAL LAW LIMITS IN COMPARATIVE PERSPECTIVE 5 Investor-state dispute settlement and French constitutional law: The Conseil constitutionnel’s decision of 31 July 2017 on CETA 119 Sabrina Robert-Cuendet 6 Constitutional courts and international investment law in Latin America: Between escalation and conditional coexistence 149 José Gustavo Prieto Muñoz 7 The constitutional fundamentals of EU investment policy 180 Angelos Dimopoulos 8 Constraints on intra-EU BITs in the Union legal order 221 Hannes Lenk PART IV CONSTITUTIONAL ANALOGIES IN INTERNATIONAL INVESTMENT LAW 9 Investment protection standards as global constitutional law 255 Joshua Paine 10 Inter-civilizational approaches to investor-state dispute settlement: Global constitutional adjudication or international adjudication? 306 Valentina Vadi Index 353

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Book SynopsisConstitutional law is a ‘semi-autonomous’ discipline, where texts and doctrines are completely and complexly intertwined with the political systems within which constitutional law is found. This timely Research Handbook develops the idea that understanding constitutional law means understanding constitutional politics as well.Using both comparative and political analysis, this forward-looking reference work deals with the politics of constitutional law around the world, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. The chapters are meticulously organised around ‘foundations’, ‘structures’, ‘rights’ and ‘futures’, providing a well-rounded overview of the topic and noting the key recent developments in the field. The distinction between law and politics is of course a contested one and the selection of prominent established and emerging scholars and contributors to this Handbook implicitly offer varying perspectives on it.Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for both legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.Trade Review‘The separation of law and politics, long a staple of both popular and jurisprudential commentary, has for some time been exposed as a potentially harmful fiction that often obscures the essence of the legal process. Rarely, however, has this essence been so comprehensively explored, and with such breadth of coverage, as it is in this splendid volume. Tushnet and Kochenov have masterfully curated this vitally needed collection, dispelling any remaining argument for the idea that there is something oxymoronic in the practice of constitutional politics. In so doing, they have provided a compendium of groundbreaking work that will open multiple pathways for further scholarly investigation.’ -- Gary Jacobsohn, University of Texas at Austin, US‘The law-politics distinction is at once fluid, hard to define and yet crucial to our understanding of constitutional law. This Research Handbook brings together a dazzling array of constitutional thinkers to explore this distinction and in doing so offers valuable insights about constitutional law and politics in a range of jurisdictions world wide. Methodologically and thematically eclectic in scope, it promises to be an essential reference for constitutional lawyers, political scientists and theorists for many years to come.’ -- Rosalind Dixon, University of New South Wales, AustraliaTable of ContentsContents: 1 Introduction to the Research Handbook on the Politics of Constitutional Law 1 Mark Tushnet and Dimitry Kochenov PART I FOUNDATIONS 2 The ideal of the rule of law and private power 14 Martin Krygier 3 The politics of legal ideology 30 Julie Novkov 4 Constitutionalism and behavioural concepts 46 Dariusz Adamski 5 Emotions in constitutional law 70 András Sajó 6 Popular sovereignty, constitutional democracy and the mental construal of political representations 88 Zoran Oklopčić 7 Liminal rights: sovereignty, constitutions and borders 105 Audrey Macklin 8 Unrecognised entities: politics of constitutionalism at the fringes 128 Aistė Mickonytė and Benedikt C. Harzl 9 The politics of constitution making 143 Mark Tushnet 10 The constitutional politics of emergency powers 163 Victor V. Ramraj 11 Japan: a case against the amendment politics? 176 Tokujin Matsudaira 12 The politics of constitutional interpretation 199 Tamas Györfi PART II STRUCTURES 13 The gradual creation of a Leviathan: Latin America’s main constitutional failure 215 Roberto Gargarella 14 Constitutional politics of federalism in Latin America 228 Juan F. González Bertomeu 15 The rise and protection of judicial independence 246 Georg Vanberg, Benjamin Broman and Christopher Ritter 16 Politics of judicial governance 262 David Kosař and Katar’na Šipulová 17 The politics of judicial dialogue 286 David Law and Mark Tushnet 18 Republicanism redefined: the constitutional status of political parties after the ratification of the twelfth amendment 310 Franita Tolson 19 Transatlantic ‘administrative constitutionalism’: New Deal models and supranational governance in Europe Since the 1950s 329 Peter L. Lindseth 20 The politics of the constitutionalisation of corporate power in Europe 350 Jacquelyn D. Veraldi and Matthew R. Hassall 21 Advocates general and the court of justice: the early years 377 Margot Horspool 22 The neo-liberal bias of the EU constitutional order: a critical analysis 386 Bojan Bugaric 23 The politics of the constitutionalisation of international law: The United Nations sovereign (in)equality of states, good neighbourliness and use of force 410 Elena Basheska PART III RIGHTS 24 The politics of constitutional rights 432 Adam Chilton and Mila Versteeg 25 Pretext as a legal matter 453 Mariam Begadze 26 The constitutional politics of religion 467 Ioanna Tourkochoriti 27 The constitutional politics of merit 483 Sarah Ganty 28 Minorities: a view from South Asia 514 Kamala Sankaran 29 The politics of sexual identity and the emerging constitutional battles in Europe 533 Alina Tryfonidou 30 Abstract citizenship in the age of concrete human rights 551 Dimitry Kochenov PART IV FUTURES 31 The cold war’s continuing power: US constitutional law and historical memory 572 Aziz F. Rana 32 The politics of constitutional memory: mnemonic constitutionalism, historical memory, and collective identity in Poland, Germany and Russia 593 Aleksandra Gliszczyńska-Grabias 33 Use, misuse and abuse of constitutional identity in Europe 612 Petra Bárd, Nóra Chronowski and Zoltán Fleck 34 Populist constitutional politics and civil society fundamentalism 635 Paul Blokker 35 Militant democracy: a friend or enemy of democratic backsliding? 659 Violeta Beširević 36 Hindu Zion: the politics of constitutional accommodation 675 Suryapratim Roy and Rahul Sambaraju 37 The politics of constitutional meltdown 696 Paul Craig 38 The paradox of evil law 711 Anna Lukina Index

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Book SynopsisThis pioneering Research Handbook provides a comprehensive and in-depth scholarly overview of the field of soft law, exploring the scope of current thinking in the field as well as proposing future pathways for soft law research. Organized into four broad themes, the Research Handbook offers important and unique insights into the dynamic and complex nature of soft law. The first section delves into the conceptual history and development of soft law. Second, the Handbook explores the disciplinary understandings of soft law, examining how scholars from different fields investigate the topic. The third theme focuses on the public and private actors and institutions involved in soft law-making, providing a detailed analysis of the complex relationships that shape soft law. Finally, the fourth theme explores the role of soft law in addressing major global societal challenges, including among others climate change, gender inequality, and the regulation of artificial intelligence. This Research Handbook will be a key resource for students and scholars in constitutional and administrative law, public international law, regulation and governance, public administration and policy, and law and politics. Practitioners and policymakers seeking to better understand the role of soft law in domestic and international law, policy and governance will also find this book beneficial.Trade Review‘This is a terrific collection on a subject of perennial interest, particularly (although not only) for international and European law scholars and practitioners. The editors have assembled a stellar line-up of contributors to address many of the persistent issues which the use and proliferation of soft law raise, including the reasons for its emergence as well as its impact, authority, limitations and future challenges.’ -- Gráinne de Búrca, New York University, US‘Soft law is at once a welcome addition to the instruments for governing and a challenge to traditional ideas of law and governance. This Research Handbook provides a thorough and thoughtful examination of the nature of soft law and its contributions to governing at the national and transnational levels. It is essential reading for scholars of law, political science, economics and governance.’ -- B. Guy Peters, University of Pittsburgh, US‘While soft law is increasingly central, its fuzziness – sitting between law and politics; the local and the global; the public and the private – makes it difficult to grasp for academics and practitioners alike. Into this darkness, this Research Handbook shines bright light, examining both soft law’s history and its development across policy fields. For its intellectual depth and empirical rigour, it deserves to be widely read.’ -- Mark Dawson, Hertie School, Germany‘This Elgar Research Handbook on Soft Law provides critically important, grounded case studies of soft law in action across key policy fields, combined with conceptual and normative analyses for governance going forward, with significant implications for the major challenges that our societies face, from climate change, AI, and financial crises, to social inclusion and the rule of law.’ -- Gregory Shaffer, Georgetown University Law Center, USTable of ContentsContents: Introduction to Research Handbook on Soft Law 1 PART I DEFINITIONS, HISTORY AND CONTEXT 1 Bamboo, or governance through soft law: hybridity, legitimacy, and sustainability 9 Francis Snyder 2 Soft Law: an historical introduction 30 Nils Jansen 3 The definition of soft law 42 Fabien Terpan 4 An economic analysis of soft law as a regulatory tool 55 Michael Faure and Niels Philipsen 5 Anthropology and soft law 70 Filippo M. Zerilli 6 Democracy and soft law 86 Ulrika Mörth PART II DISCIPLINES, REGIMES AND AUTHORITY 7 Soft law in European public law 100 Bruno De Witte 8 Better regulation as soft law 115 Claudio M. Radaelli and Gaia Taffoni 9 Rules and responsibilities: Business and social norms in transnational governance 131 Boris Holzer 10 Soft law, technical standards and European private law 144 Hans-W. Micklitz 11 Soft authority in global governance 161 Jan Klabbers 12 International standards and the dilution of responsibility 176 Ingrid Gustafsson Nordin and Kristina Tamm Hallström PART III ACTORS, INSTITUTIONS AND MAKING OF SOFT LAW 13 Soft law and courts: saviours or saboteurs of the rule of (soft) law? 190 Mariolina Eliantonio and Emilia Korkea-aho 14 EU economic governance, agencies and soft law: an accountability challenge for the courts? 207 Jacint Jordana and Joan Solanes Mullor 15 Fictions and fuzziness: Soft law rule-making among the EU’s decentralized agencies 223 Steven Vaughan 16 Administrative guidance in the United States 237 Blake Emerson 17 Soft law making at the European Commission: Not much of a one-institution show 252 Oana Stefan 18 Beyond norm entrepreneurs: Civil society and the framing of the ‘legal’ through soft law 271 Rene Urueña and Rafael Tamayo-Álvarez 19 The Open Method of Coordination (OMC): A hybrid tool of political leverage in the making 287 Minna van Gerven and Sabina Stiller 20 Studying the EU soft law cycle: the role of domestic factors 303 Anne Ausfelder, Adam Eick and Miriam Hartlapp PART IV CRISES, CHALLENGES AND CHANCES 21 Fighting a hard battle with a soft weapon: Is international climate change law softening? 320 Kati Kulovesi and María Eugenia Recio 22 Soft law in city regulation and governance 337 Astrid Voorwinden and Sofia Ranchordás 23 Soft law and citizenship regimes 353 Timothy Jacob-Owens and Jo Shaw 24 Soft law: Booster or brake for the promotion of gender equality in the EU? 368 Birte Böök and Linda Senden 25 Soft law and the rule of law crisis 391 Joelle Grogan and Clara van Dam 26 The role of soft law in the context of the financial crisis 407 Alexander H. Türk 27 Soft law governance in the field of AI: A European perspective 423 Frederik Schade and Mikkel Flyverbom Index

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Book SynopsisAs public infrastructure, health and other services are being delivered more frequently through Public-Private Partnerships (PPPs) and concessions, this timely book explores these complex contractual arrangements involving cooperation between public and private sectors. It considers how PPPs have become increasingly prevalent following the 2008 financial crisis and examines the applicable legal regimes that are still, to a large extent, unclear to many. Containing in-depth investigation into EU law and comparative national experiences in relation to PPPs and concessions in 7 EU Member States and the UK, the contributions in this incisive book address the weak points in the current legal regime. Chapters analyse the risks faced by contracting authorities in connection to PPPs and concessions while highlighting good practices from different countries that may be considered for wider adoption across the EU. Public-Private Partnerships and Concessions in the EU will be a key resource for scholars and students of public administrative law and businesses seeking to procure contracts to create PPPs, as well as being of value to practitioners and policy makers at both EU and national levels. Contributors include: P. Bogdanowicz, K. Bonsignore, R. Caranta, P. Cerqueira Gomes, A. Christidis, M.E. Comba, D.C. Dragos, N. Gabayet, C. Krönke, P. Patrito, C. Risvig Hamer, P. Telles, P. Valcárcel Fernández, R. VornicuTrade Review'Public-Private Partnerships and Concessions are a crucial tool for organizing public services and delivering much needed infrastructure works. However these instruments and their legal character remain a topic for discussion. This book is therefore timely. The authors discuss the origins, its characteristics and include nine chapters providing country specific in-depth analysis. This book is a must-read for anyone interested in Public-Private Partnerships and Concessions in the European Union. Including subtile convergences and divergences this book illustrates the growing importance of comparative legal research in Europe.' --Steven Van Garsse, University of Hasselt and University of Antwerp, Belgium'This volume highlights the problematic issues in the regulation of Public-Private Partnerships and Concessions within the European Union. This well-structured collection displays historical development of relevant law, nine national chapters as well as one comparative law chapter. The authors have succeeded in giving a clear account of how the two overlapping concepts of Public-Private Partnerships and Concessions lack sufficient indication as to their distinctions and potential differences in their regulation. This is an important addition to the literature on government contracting that offers valuable contributions to public procurement law research.' --Marta Andhov, University of Copenhagen, DenmarkTable of ContentsContents: Foreword viii Table of cases xi 1 Regulation of PPP and concessions in European Union law – different but equal? 1 Piotr Bogdanowicz 2 An intellectual history of concessions and PPP law 17 Roberto Caranta and Paolo Patrito 3 Concessions and PPPs in Denmark 37 Carina Risvig Hamer 4 Public-private partnerships and concessions in France 52 Nicolas Gabayet 5 PPP and concessions in Germany 71 Christoph Krönke 6 PPPs and concessions in Italy: lots of good intentions, hindered by a highly complicated regulation 89 Katia Bonsignore and Mario E. Comba 7 Public-private partnerships and concessions in Poland: the story of the ugly duckling? 114 Piotr Bogdanowicz 8 PPPs and concessions in Portugal 129 Pedro Cerqueira Gomes 9 Concessions and PPP in Romania 146 Roxana Vornicu and Dacian C. Dragos 10 Works and service concession contracts: the way to boost PPP in Spain? 168 Patricia Valcárcel Fernández 11 The regulation of public-private partnerships and concession contracts in the UK 189 Pedro Telles and Aris Christidis 12 Challenges with concessions and public-private partnerships within the EU and national legal regimes 207 Pedro Telles Index 215

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Book SynopsisThis timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent.Divided into four thematic parts, chapters cover a wide array of subjects including a variety of constitutional rights, the regulation of political parties, constitutional formation and amendments, and the influence of regional organizations. Featuring contributions both from scholars from Africa and from outside the region, the book elucidates Africa’s place within the growing discourse of comparative constitutional law.Opening up new cases and vistas of study, this book will be a vital read for all scholars and students of comparative constitutional law. It will also be of interest to practitioners and policymakers working on constitutional issues, as well as those interested in African politics and constitutional development more broadly.Trade Review‘If you like constitutions, you will love this book. Contextual, innovative, timely and brilliant, Comparative Constitutional Law in Africa is a must-read for constitutionalists and a much-needed book on an understudied part of the world.’ -- Richard Albert, The University of Texas at Austin, US‘Dixon, Ginsburg, and Abebe have built a magnificent team of eminent scholars to guide readers through the largely uncharted terrain of African constitutionalism. Contextual, innovative, timely and brilliant, Comparative Constitutional Law in Africa is a must-read for constitutionalists and a much-needed book on an understudied yet immensely important region of the world.’ -- Richard Albert, The University of Texas at Austin, USTable of ContentsContents: 1 Introduction to comparative constitutional law in Africa 1 Adem Abebe, Rosalind Dixon and Tom Ginsburg PART I CONSTITUTIONAL DESIGN, AMENDMENT, AND INTERPRETATION 2 Public participation, representative elites and technocrats in constitution-making processes: Nigeria, Uganda, South Africa and Kenya 16 Abrak Saati 3 Constitutional amendment and term limit evasion in Africa 40 Tom Ginsburg, Adem Abebe, and Rosalind Dixon 4 Constitutional review in Africa 58 Markus Böckenförde 5 Political party constitutionalisation in Africa: trends and prospects for deepening constitutionalism 110 Charles Fombad PART II CONSTITUTIONAL STRUCTURE: DEMOCRATIZATION AND TAMING THE EXECUTIVE 6 Democratic constitutional transitions in sub-Saharan Africa 138 Duncan M. Okubasu 7 Federalism, devolution and territorially based cleavages in Africa 158 Assefa Fiseha 8 Regulating the exercise of public power through law: a first glance at comparative administrative law/justice in Africa 217 Hugh Corder 9 Constitutional responses to corruption in Africa 244 Selemani Kinyunyu PART III CONSTITUTIONAL RIGHTS AND FREEDOMS 10 Constitutions, freedom of expression, internet shutdowns, social media and defamation laws in Africa 269 Mugambi Laibuta 11 Constitutional protection of socio-economic rights in Africa 293 Magnus Killander 12 Constitutional regulation of religion in Africa 313 Johan D. van der Vyver 13 Traditional kingdoms and modern constitutions: parochialism, patriarchy, and despotism vs. indigenous safeguards against absolutism 329 Jan Erk PART IV CONSTITUTIONS AND SUPRANATIONAL LAW 14 Africanization of constitutional law 362 Micha Wiebusch Index

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Book SynopsisThis insightful book analyses regional constitutional crises, where a large portion of residents no longer believe that the rule of law, as defined by central institutions, governs them. Laying out a framework for effective governance in divided societies, Vito Breda argues that peace and collaboration are linked to managing shared beliefs through constitutional law.Adopting a pragmatic view of regional identity as constantly changing and creating a mistrust of rule by ‘others’, Breda explores a wide range of case studies, including Hong Kong, Northern Ireland and Quebec, where nationalism and political violence have led to state actions becoming discredited. Particular attention is paid to those concerned with the lingering effects of a colonial past in China. The book demonstrates that constitutional law projects visions of what a society is and wants to be, and argues that less hegemonic perspectives increase the likelihood of cooperation, leading to better outcomes for all citizens.The book will be an informative read for academics and students in comparative public law political scientists, and sociologists interested in nationalism and democracy. It will also aid policy-makers seeking to design stable, effective and inclusive constitutions.Trade Review‘This book by Vito Breda constitutes a major exploration of a series of ethno-regionalism cases in Europe, North America, East Asia and Oceania through the lenses of constitutionalism and territorial politics. The author convincingly illustrates how cooperation among groups, respect between key political partners, and the protection of human dignity contribute to create the necessary conditions for political stability and reciprocity. Complementary to this sustained account, a crucial point is made to the effect that permanent negotiations among political partners open the way to the expansion of the democratic exercise while instilling a culture of togetherness. A must-read for anyone interested in the development of multinational democracies.’ -- Alain-G. Gagnon, Université du Québec à Montréal, Canada‘Regionalism is in the midst of a renaissance, and there is no scholar better than Vito Breda to assess the challenges and opportunities regionalism raises for constitutional stability and performance. Timely and inspired, this study of sub-state identity-formation exposes deep fissures in multinational societies but charts a hopeful path for managing regional constitutional crises.’BR> -- Richard Albert, University of Texas, US‘Complex realities require complex analyses and cannot be solved with simplism. The current crises need thoughtful and in-depth research to shed light on the intense fog in which they seem to exist. Vito Breda's latest book analyzes and illuminates some of the most important problems of current constitutionalism and regionalisms that sometimes attack the status quo. It offers a perspective far beyond the usual and fascinating points of view. Very useful to understand the world where we live.’ -- Iñigo Navarro Mendizabal, Universidad Pontificia Comillas, Spain‘In his latest book, constitutional scholar Vito Breda once again draws on his broad erudition to construct a comprehensively researched, insightful and often startlingly original take on his subject. Breda is a skilled mosaicist: he relies on case studies from several continents to produce both a rich and a conceptually deep image of how constitutionalism, regionalism and conflict intersect around the world.’ -- Ron Levy, Australian National University, Australia.‘In this well-informed scholarly work on regional constitutional crises, Vito Breda, one of the experts on legal comparison, synthesizes its dialectical aspect. Inspired by the real impacts of space and time positioning, Breda brilliantly highlights the tensions created by the obvious sacrifice of local identities on the altar of global beliefs, whatever they might be, for even the mirage of constitutional stability. Not only do we have here a clear description of the tragic truth of the manipulation of (legal) meanings by the so-called elites but also of the quasi permanent abuse of the dominant position of central states on their peripheries. This work illustrates the Althusserian findings on ideology, which masks reality, misrepresents reality and ultimately creates a fantasy world to allow the continuation of a system including its constitutional architecture. Thanks to Vito Breda, we understand how regional entities are the victims within that mechanism.’ -- David Marrani, International Centre of Law and Business, AGIR Group, Jersey‘Vito Breda’s Constitutional Crises and Regionalism paints a powerful landscape of one of the most fundamental dynamics of contemporary constitutionalism. The book combines together methodological rigor, interdisciplinary perspectives and innovative vision. Through an inductive, comparative approach, Professor Breda moves from some concrete situations, of which he has in-depth knowledge, to obtain a convincing and original reading of regionalism as a complex constitutional phenomenon.’ -- Matteo Frau, University of Brescia, Italy‘A fascinating exploration of regional governance and constitutional engineering. Those who seek to delve into the realms of territorial identities, multinationalism, political pluralism, and constitutional organization would greatly benefit from reading Breda’s insightful perspective.’ -- Hèctor López Bofill, Pompeu Fabra University, SpainTable of ContentsContents: Introduction to Constitutional Crises and Regionalism 1. The UK and Northern Ireland: sectarianism and Brexit 2. Spain: Spanish legitimacy after the end of political violence in the Basque Country 3. Italy and Sicily: Mafia territorial sovereignty 4. North America: Quebec and Alaska 5. China and Hong Kong: an a-constitutional crisis 6. France: the end of New Caledonia’s sui generis status 7. Australia and the Northern Territory: an unfortunate intervention 8. Papua New Guinea and Bougainville: civil war and a new sovereign state Conclusion to Constitutional Crises and Regionalism Bibliography Index

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Book SynopsisThis book aims to extend the current research and debate in constitutional economics by using a positive economics approach. Born out of discontent with the current state in constitutional economics, this book presents an inquiry in the possibilities of a positive constitutional economics, and how societies choose their constitutional rules.Drawing on economics, the book examines the emergence of constitutions and how and why they change over time. The author proposes that model constitutions are based on, and backed by institutions which have developed spontaneously. He presents some predictions on the scope of constitutional change under various constitutional settings and factors which cause constitutional change. Stefan Voigt concludes that constitutional change is reconceptualized as the outcome of a bargaining game, in which changes reflect the altered bargaining power of the actors.This book will be welcomed by academics working in the fields of political economy, law and economics as well as those from the public choice and new institutional schools of thought.Table of ContentsContents: Preface 1. A New Research Program Emerges: Constitutional Economics 2. Two Competing Approaches to Constitutional Economics – A Comparison of Buchanan and Hayek 3. The Possibility of Positive Constitutional Economics 4. Positive Constitutional Economics – A Survey 5. Breaking with the Notion of Social Contract: Constitutions as Based on Spontaneously Arisen Institutions 6. Bargaining for Constitutional Change – Towards an Economic Theory of Constitutional Change 7. Implicit Constitutional Change – Changing the Meaning of the Constitution without Changing the Text of the Document 8. Constitutional Competition – Foreign Factors Causing Constitutional Change? 9. Outlook: Connecting Positive Constitutional Economics with the Theory of Economic Policy References Index

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Book SynopsisAll representative democracies must balance democratic accountability against the competent implementation of complex statutes. Achieving this balance in administrative law will be aided by drawing on insights from economics and political economy. This important volume collects the best work in this area and is of significance for scholars of public law and economics around the world. The editor's authoritative selection of papers, anchored in the American system of administrative law, mixes theoretical, legal, and empirical studies by leading interdisciplinary scholars. It thus provides an up-to-date introduction to modern work in the economics of administrative law.Trade Review'Professor Rose-Ackerman, a leading American figure in the subject of this collection, and a person well-acquainted with the law and economics of administration abroad as well as in the United States, has assembled much of the canonical literature in this highly useful collection of articles. American law schools are increasingly concluding that consideration of the regulatory and administrative state is at the heart of the foundational curriculum for the twenty-first century, and that the social science issues these articles address are as important to that consideration as any technical legal matters. Reaching across the intersections of law,economics and political science, this collection is an important building block for any library wishing to provide its users with the important resources.' -- Peter L. Strauss, Columbia Law School, USTable of ContentsContents: Acknowledgements Introduction Susan Rose-Ackerman PART I THE POLITICAL ECONOMY OF DELEGATION TO AGENCIES A Why Delegate? 1. Morris P. Fiorina and Roger G. Noll (1978), ‘Voters, Legislators and Bureaucracy: Institutional Design in the Public Sector’ 2. Morris P. Fiorina (1986), ‘Legislator Uncertainty, Legislative Control, and the Delegation of Legislative Power’ 3. David Epstein and Sharyn O’Halloran (1994), ‘Administrative Procedures, Information, and Agency Discretion’ 4. B. Dan Wood and John Bohte (2004), ‘Political Transaction Costs and the Politics of Administrative Design’ B Congressional Oversight and “Stacking the Deck” 5. Mathew D. McCubbins and Thomas Schwartz (1984), ‘Congressional Oversight Overlooked: Police Patrols versus Fire Alarms’ 6. Mathew D. McCubbins, Roger G. Noll and Barry R. Weingast (1987), ‘Administrative Procedures as Instruments of Political Control’ 7. R. Douglas Arnold (1987), ‘Political Control of Administrative Officials’ 8. Jeffrey S. Hill and James E. Brazier (1991), ‘Constraining Administrative Decisions: A Critical Examination of the Structure and Process Hypothesis’ 9. David B. Spence (1999), ‘Managing Delegation Ex Ante: Using Law to Steer Administrative Agencies’ C Agency Discretion and Government Institutions 10. John Ferejohn and Charles Shipan (1990), ‘Congressional Influence on Bureaucracy’ 11. Kathleen Bawn (1995), ‘Political Control Versus Expertise: Congressional Choices About Administrative Procedures’ 12. Rui J.P. de Figueiredo, Jr., Pablo T. Spiller and Santiago Urbiztondo (1999), ‘An Informational Perspective on Administrative Procedures’ PART II BUREAUCRACY AND THE PRESIDENT: POLITICAL INFLUENCE AND POLICY ANALYSIS IN AGENCY ACTIONS A Politics and Agency Rulemaking 13. James T. Hamilton and Christopher H. Schroeder (1994), ‘Strategic Regulators and the Choice of Rulemaking Procedures: The Selection of Formal vs. Informal Rules in Regulating Hazardous Waste’ 14. Scott R. Furlong and Cornelius M. Kerwin (2005), ‘Interest Group Participation in Rule Making: A Decade of Change’ 15. Jerry L. Mashaw (1985), ‘Prodelegation: Why Administrators Should Make Political Decisions’ B The Politics and Policy of Cost-Benefit Analysis and the Role of the President 16. Kenneth J. Arrow, Maureen L. Cropper, George C. Eads, Robert W. Hahn, Lester B. Lave, Roger G. Noll, Paul R. Portney, Milton Russell, Richard Schmalensee, V. Kerry Smith, Robert N. Stavins (1996), ‘Is There a Role for Benefit-Cost Analysis in Environmental, Health, and Safety Regulation?’ 17. Robert W. Hahn and Robert E. Litan (2005), ‘Counting Regulatory Benefits and Costs: Lessons for the US and Europe’ 18. Susan Rose-Ackerman (1988), ‘Progressive Law and Economics – And the New Administrative Law’ 19. Bruce A. Ackerman and Richard B. Stewart (1988), ‘Reforming Environmental Law: The Democratic Case for Market Incentives’ PART III JUDICIAL REVIEW IN THE REGULATORY STATE 20. Stephen Breyer (1986), ‘Judicial Review of Questions of Law and Policy’ 21. William N. Eskridge, Jr. and John Ferejohn (1992), ‘Making the Deal Stick: Enforcing the Original Constitutional Structure of Lawmaking in the Modern Regulatory State’ 22. Peter L. Strauss and Andrew R. Rutten (1992), ‘The Game of Politics and Law: A Response to Eskridge and Ferejohn’ 23. Emerson H. Tiller and Pablo T. Spiller (1999), ‘Strategic Instruments: Legal Structure and Political Games in Administrative Law’ 24. Brandice Canes-Wrone (2003), ‘Bureaucratic Decisions and the Composition of the Lower Courts’ PART IV COMPARATIVE ADMINISTRATIVE LAW AND DEMOCRATIC LEGITIMACY 25. Terry M. Moe and Michael Caldwell (1994), ‘The Institutional Foundations of Democratic Government: A Comparison of Presidential and Parliamentary Systems’ 26. John D. Huber and Nolan McCarty (2004), ‘Bureaucratic Capacity, Delegation, and Political Reform’ 27. Susan Rose-Ackerman (1994), ‘American Administrative Law Under Siege: Is Germany a Model?’ Name Index

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Book SynopsisIn this thought-provoking collection, Professor Epstein brings together the leading articles which explore the economic approach to the two major issues of constitutionalism. The first volume deals with structural protections that are afforded by the separation of powers, the use of checks and balances, and the institutions of federalism. The second volume deals with the protection of individual rights in connection with property, speech, religion, due process and equality. Both volumes focus on the extent to which assumptions about self-interest and human nature influence the choice of social institutions. They offer extensive comparisons between the classical liberal and social democratic views of constitutional law. Professor Epstein's lengthy and careful introduction seeks to weave together the diverse approaches to constitutional law exhibited in these volumes.Trade Review‘Richard Epstein has compiled a brilliant collection of essays that explore the insights of economic theory on such diverse constitutional issues as separation of powers, federalism, takings, free speech, freedom of religion, and due process of law. These essays illuminate and challenge fundamental questions about the meaning and application of our constitution.’ -- Geoffrey Stone, University of Chicago Law School, USTable of ContentsContents: Volume I: The Structural Constitution Acknowledgements Introduction The Law and Economics of Constitutionalism Richard A. Epstein PART I: SELF-INTEREST AND CONSTITUTIONS 1. James Madison ([1787] 1961), ‘The Federalist. No X. (The Union as a Safeguard Against Domestic Faction and Insurrection Continued)’ 2. Cass R. Sunstein (1985), ‘Interest Groups in American Public Law’ 3. Robert Cooter (2002), ‘Constitutional Consequentialism: Bargain Democracy versus Median Democracy’ PART II THE STRUCTURAL CONSTITUTION A Separation of Powers 4. Saul Levmore (1992), ‘Bicameralism: When are Two Decisions Better than One?’ 5. Susan Rose-Ackerman (1992), ‘Judicial Review and the Power of the Purse’ 6. Eric R. Claeys (2004), ‘Progressive Political Theory and Separation of Powers on the Burger and Rehnquist Courts’ 7. Jide Nzelibe (2006), ‘A Positive Theory of the War-Powers Constitution’ B Federalism 8. Barry R. Weingast (1995), ‘The Economic Role of Political Institutions: Market-Preserving Federalism and Economic Development’ 9. Richard A. Epstein (1987), ‘The Proper Scope of the Commerce Power’ 10. Michael W. McConnell (1988), ‘Contract Rights and Property Rights: A Case Study in the Relationship Between Individual Liberties and Constitutional Structure’ 11. J. Robert S. Prichard with Jamie Benedickson (1983), ‘Securing the Canadian Economic Union: Federalism and Internal Barriers to Trade’ 12. Jonathan H. Adler (2001), ‘The Ducks Stop Here? The Environmental Challenge to Federalism’ 13. Jack L. Goldsmith and Alan O. Sykes (2001), ‘The Internet and the Dormant Commerce Clause’ C Unconstitutional Conditions 14. Richard A. Epstein (1988), ‘Unconstitutional Conditions, State Power, and the Limits of Consent’ Name Index Volume II: Individual Rights Acknowledgements An introduction by the editor to both volumes appears in Volume I PART I PROPERTY AND CONTRACT 1. Richard A. Epstein (1986), ‘An Outline of Takings’ 2. Margaret Jane Radin (1988), ‘The Liberal Conception of Property: Cross Currents in the Jurisprudence of Takings’ 3. Daniel A. Farber (1992), ‘Economic Analysis and Just Compensation’ 4. William A. Fischel (1991), ‘Exploring the Kozinski Paradox: Why is More Efficient Regulation a Taking of Property?’ 5. Thomas W. Merrill (1986), ‘The Economics of Public Use’ 6. Abraham Bell and Gideon Parchomovsky (2006), ‘The Uselessness of Public Use’ 7. William A. Fischel (1987), ‘The Economics of Land Use Exactions: A Property Rights Analysis’ 8. Daniel R. Fischel and Alan O. Sykes (1999), ‘Governmental Liability for Breach of Contract’ 9. Richard A. Epstein (1987), ‘The Public Trust Doctrine’ PART II FREEDOM OF SPEECH AND RELIGION 10. R.H. Coase (1977), ‘Advertising and Free Speech’ 11. Fred S. McChesney (1988), ‘A Positive Regulatory Theory of the First Amendment’ 12. Michael W. McConnell and Richard A. Posner (1989), ‘An Economic Approach to Issues of Religious Freedom’ 13. Daniel A. Farber (1991), ‘Free Speech without Romance: Public Choice and the First Amendment’ PART III DUE PROCESS AND EQUAL PROTECTION 14. Cass R. Sunstein (1984), ‘Naked Preferences and the Constitution’ 15. Herbert Hovenkamp (1988), ‘The Political Economy of Substantive Due Process’ Name Index

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Book SynopsisThis book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States.The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions - from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it.The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.Trade Review'I can enthusiastically recommend and endorse this book. It serves the very important purpose of collecting key documents together in an elegant and accessible text. There currently exists a huge proliferation of material on the EU Constitution - this volume makes a very wise selection of this profusion, compiling it into a manageable and informative whole. Nine chapters deal with the most significant matters concerning the Constitution. A short but well written introduction at the start of each chapter precedes following extracts. Part of the value of this book lies in the fact that it includes translations of some important documents which are difficult, or impossible, to access in English - for example, recent decisions of national courts concerning the European Arrest Warrant. All in all, this work is a comprehensive, but not overwhelmingly large, collection of materials on the EU Constitution, and it will prove extremely valuable to all those working within this area of law. By presenting the Constitution, the background to the Constitution, and the issues it deals with, in this clear and informative way, it will shed new light upon, and help all of us to form our own judgements on, the EU Constitution, and its importance to our lives.' -- Sionaidh Douglas-Scott, King's College London, UK'Whatever the ultimate fate of the EU's Constitutional Treaty, both the events which led to its conclusion and those which occurred afterwards during its ill-fated ratification process have profoundly shaped the future of the European Union as a constitutional project. This collection of materials offers an invaluable set of resources for understanding these events, in their widest legal and political context. The text will be useful to all those who seek to understand both why the EU has reached such a turning point, and where it might go in the future.' -- Jo Shaw, Edinburgh Law School, UKTable of ContentsContents: Foreword 1. The Ratification of the Treaty of Rome of 29 October 2004 Establishing a Constitution for Europe 2. Referendums in the Ratification Process: Constitutional Bases, Results, Consequences 3. Innovations in the Constitution for Europe 4. Primacy of EU Law 5. The EU Charter of Fundamental Rights 6. Competences, Legal Bases and Instruments in the Constitution for Europe 7. The Role of National Parliaments and the Principles of Subsidiarity and Proportionality 8. The Area of Freedom, Security and Justice 9. Developments under the Common Foreign and Security and Defence Policies Index

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Book SynopsisThis accessible and detailed book takes an interdisciplinary approach in exploring the position of national parliaments in the EU polity and in particular their position within the EU governance framework.Adam Cygan analyzes the impact of subsidiarity monitoring upon national parliaments and to what extent this provides new opportunities for national parliaments to be engaged in, and exert influence over, the EU legislative process. While the post-Lisbon position of national parliaments may have improved, this book questions whether national parliaments can really be considered as central actors in EU affairs. The author also queries whether subsidiarity monitoring has the capacity to create a collective bloc of horizontal actors which exert effective accountability over the EU legislative process.Accountability, Parliamentarism and Transparency in the EU will strongly appeal to academics, parliamentarians/parliamentary officials working in EU affairs, as well as EU civil servants.Contents:Introduction 1. National Parliaments, Accountability and Transparency in a European Perspective 2. European Integration and Deparliamentarisation 3. National Parliaments in the EU Treaties 4. The Ordinary Legislative Process and National Parliaments 5. Subsidiarity as a Regulatory Principle in EU Law 6. Subsidiarity Control after Lisbon 7. Accountability and Legitimacy in a Multi-Level Context 8. National Parliaments after Lisbon: A New Dawn of Accountability or Remaining on the Periphery? Bibliography IndexTrade Review'It was a great pleasure to find such a rich analysis of the role of national parliaments in the EU. What I particularly like - and what proves to be particularly fruitful - is the combination of perspectives; the EU law and national constitutional perspective - including a comparative dimension, the perspective that explains the role of national parliaments in the EU from past to present (and even near future) and last but not least, the perspective of the interaction between the legal frameworks and the political reality. There is every reason to congratulate Adam Cygan wholeheartedly on this book.' --Ton Van Den Brink, Europa Instituut Utrecht, The Netherlands'One of the most outstanding specialists on the role of national parliaments in the EU has produced another impressive book about this dynamic topic. It provides an illuminating overview of current practices, it sharply analyses the legal status quo, and it brings theoretical depth to the topic in multiple perspectives.' --Olaf Tans, Amsterdam University College, The NetherlandsTable of ContentsContents: Introduction 1. National Parliaments, Accountability and Transparency in a European Perspective 2. European Integration and Deparliamentarisation 3. National Parliaments in the EU Treaties 4. The Ordinary Legislative Process and National Parliaments 5. Subsidiarity as a Regulatory Principle in EU Law 6. Subsidiarity Control after Lisbon 7. Accountability and Legitimacy in a Multi-Level Context 8. National Parliaments after Lisbon: A New Dawn of Accountability or Remaining on the Periphery? Bibliography Index

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Book SynopsisAround the world, the role of national regulation is often hotly debated. This book takes as its starting point the fact that legislatures and regulators are criticized for overregulation and for producing poor-quality regulation which ignores input from citizens and stifles private initiative. This situation has enhanced the role of non-state law, in forms such as self-regulation and soft law. In this book, international scholars in various fields of law, as well as socio-legal studies, address the question to what extent non-state law currently influences state regulation, and what the consequences of non-state law are likely to be for state regulation.Drawing lessons for the state legislature and state regulators, this innovative book will be of great interest to academic researchers and post graduate students in the fields of law, regulation, legal sociology, legal theory, law and economics, and environmental law. It will also be of interest to policy makers and regulators - those working at ministries and government departments drafting legislation.Trade Review'The book is consistently well written, with extensive in-text referencing and bibliographies at the end of each chapter. The empirical chapters frequently draw on the concepts and frameworks explained in the theoretical part, giving the book a level of cohesiveness that is rarely found in works of this nature. This book has practical value for state and non-state regulators in general as well as in specific policy areas. It is also a valuable resource for academics and students of legal theory, regulation and comparative law.' -- Claire Vinten, International Trade and Business Law ReviewTable of ContentsContents: Preface 1. Introduction Jonathan Verschuuren PART I: NON-STATE LAW IN THEORY 2. What is Non-State Law? Mapping the Other Hemisphere of the Legal World Marc Hertogh 3. Philip Selznick: Incipient Law, State Law and the Rule of Law Martin Krygier 4. The Point of Law: The Interdependent Functionality of State and Non-State Regulation Sanne Taekema 5. Can There be Law Without the State? The Ehrlich–Kelsen Debate Revisited in a Globalizing Setting Bart van Klink 6. Ehrlich’s Non-State Law and the Roman Jurists Olga Tellegen-Couperus PART II: NON-STATE LAW IN PRACTICE 7. Environmental Regulation and Non-State Law: The Future Public Policy Agenda Neil Gunningham 8. The Hardness of Soft Law in the United Kingdom: State and Non-State Regulatory Activities Related to Nanotechnological Development Bärbel Dorbeck-Jung and Marloes van Amerom 9. Barristers Beyond the Law: State and Non-State Actors Work in Partnership to Enforce Legal and Moral Norms Jenny Job 10. In a World Without a Sovereign: Native Title Law in Australia Francesca Dominello 11. Regulating the Living Will: The Role of Non-State Law at the End of Life Oliver W. Lembcke 12. The Influence of Court Judgments on Non-State Law Hans Peters 13. Conclusions and Challenges: Towards a Fruitful Relationship between State Regulation and Non-State Law Hanneke van Schooten and Jonathan Verschuuren Index

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Book SynopsisGlobal Privacy Protection reviews the origins and history of national privacy codes as social, political and legal phenomena in Australia, France, Germany, Hong Kong, Hungary, South Korea and the United States. The first chapter reviews key international statements on privacy rights, such as the OECD, EU and APEC principles. In the following chapters, the seven national case studies present and analyze the widest variety of 'privacy stories' in an equally varied array of countries. They look beyond the details of what current national data-protection laws allow and prohibit to examine the origins of public concern about privacy; the forces promoting or opposing privacy codes; the roles of media, grassroots activists and elite intervention; and a host of other considerations shaping the present state of privacy protection in each country.Providing a rich description of the interweaving of national traditions, legal institutions, and power relations, this book will be of great interest to scholars engaged in the study of comparative law, information law and policy, civil liberties, and international law. It will also appeal to policy-makers in the many countries now contemplating the adoption of privacy codes, as well as to privacy activists.Trade Review'The distinguished editors and contributors to this book have produced a valuable report of the state of privacy in a number of jurisdictions with their distinct legal and political traditions. It highlights the challenges we confront in our effort to protect and defend a ce'. . . This book is. . . a seminal piece of literature. . . Although the volume is about privacy law and the international politics of data protection, it is vitally important for the whole field of surveillance studies. It is easy to follow, and written in a way that nonlegal scholars can easily grasp.' -- Nils Zurawski, Surveillance and Society'Global Privacy Protection is certainly to be commended.' -- Daniel Seng, Singapore Journal of Legal StudiesTable of ContentsContents: Introduction James B. Rule 1. International Agreements to Protect Personal Data Lee A. Bygrave 2. The United States Priscilla M. Regan 3. Germany Wolfgang Kilian 4. France Andre Vitalis 5. Privacy in Australia Graham Greenleaf 6. Hungary Ivan Szekely 7. Republic of Korea Whon-Il Park 8. Hong Kong Robin McLeish and Graham Greenleaf Conclusion James B. Rule Bibliography Index

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Book SynopsisThis book offers a selection of materials that enable a better understanding of some of the most important changes that would be introduced by the Treaty establishing a Constitution for Europe in the EU legal and political system. It also helps to assess the need for the reforms embedded in the Constitutional Treaty as well as the quality of the formulations agreed upon by the signatory Member States.The book includes excerpts of the European Convention's work, selected statutory and constitutional provisions of the Member States, and also related passages from pertinent court decisions - from both European courts as well as Member States' constitutional courts. Institutional and doctrinal analyses and relevant excerpts from the Constitutional Treaty itself are also included. Many of these documents directly relate to the provisions of the Constitutional Treaty, while the others, although not directly related, are nevertheless relevant to the debate surrounding it.The European Constitution, by two of the best experts on the Constitution for Europe, will be of great interest to researchers and teachers in the fields of European Law and European politics, and also to policy makers in European affairs.Trade Review'I can enthusiastically recommend and endorse this book. It serves the very important purpose of collecting key documents together in an elegant and accessible text. There currently exists a huge proliferation of material on the EU Constitution - this volume makes a very wise selection of this profusion, compiling it into a manageable and informative whole. Nine chapters deal with the most significant matters concerning the Constitution. A short but well written introduction at the start of each chapter precedes following extracts. Part of the value of this book lies in the fact that it includes translations of some important documents which are difficult, or impossible, to access in English - for example, recent decisions of national courts concerning the European Arrest Warrant. All in all, this work is a comprehensive, but not overwhelmingly large, collection of materials on the EU Constitution, and it will prove extremely valuable to all those working within this area of law. By presenting the Constitution, the background to the Constitution, and the issues it deals with, in this clear and informative way, it will shed new light upon, and help all of us to form our own judgements on, the EU Constitution, and its importance to our lives.' -- Sionaidh Douglas-Scott, King's College London, UK'Whatever the ultimate fate of the EU's Constitutional Treaty, both the events which led to its conclusion and those which occurred afterwards during its ill-fated ratification process have profoundly shaped the future of the European Union as a constitutional project. This collection of materials offers an invaluable set of resources for understanding these events, in their widest legal and political context. The text will be useful to all those who seek to understand both why the EU has reached such a turning point, and where it might go in the future.' -- Jo Shaw, Edinburgh Law School, UKTable of ContentsContents: Foreword 1. The Ratification of the Treaty of Rome of 29 October 2004 Establishing a Constitution for Europe 2. Referendums in the Ratification Process: Constitutional Bases, Results, Consequences 3. Innovations in the Constitution for Europe 4. Primacy of EU Law 5. The EU Charter of Fundamental Rights 6. Competences, Legal Bases and Instruments in the Constitution for Europe 7. The Role of National Parliaments and the Principles of Subsidiarity and Proportionality 8. The Area of Freedom, Security and Justice 9. Developments under the Common Foreign and Security and Defence Policies Index

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Book SynopsisThis landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers dozens of countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.Contributors: Z. Al-Ali, T. Allen, N. Bamforth, J. Blount, P.G. Carozza, C. Charters, J.A. Cheibub, S. Choudhry, D.M. Davis, R. Dixon, V. Ferreres Comella, D. Fontana, N. Friedman, S. Gardbaum, T. Ginsburg. J. Greene, O. Gross, J.L. Hiebert, R. Hirschl, N. Hume, H. Irving, V.C. Jackson, G.J. Jacobsohn, D.P. Kommers, R.J. Krotoszynski, Jr, N. Lenagh-Maguire, F. Limongi, F.I. Michelman, K. O Regan, R.H. Pildes, K. Roach, K. Rubenstein, C. Saunders, D. Schneiderman, A. Stone, R. Teitel, M. TushnetTrade Review'A comprehensive index closes this overall impressive volume... all future studies in this field will be well advised to take advantage of the highly inspiring and thought-provoking articles collected in this volume.' --Manfred Stelzer, ZOER (Journal of Public Law)'This book is a research handbook on comparative constitutional law and contains a valuable compilation of articles on different aspects of this interesting topic. . . this is a valuable book that will assist those interested in putting the constitutional aspects of EU law in a wider comparative perspective. The extensive literature references included at the end of each article make the book a valuable starting point for those interested in a specific part of comparative constitutional law. At the same time many articles also provide relatively in-depth discussions of specific constitutional orders in itself.' --Nik de Boer, Common Market Law ReviewTable of ContentsContents: 1. Introduction Rosalind Dixon and Tom Ginsburg PART I: CONSTITUTIONAL DESIGN AND REDESIGN 2. Drafting, Design and Gender Helen Irving 3. Participation in Constitutional Design Justin Blount 4. Transitional Justice and the Transformation of Constitutionalism Ruti Teitel 5. Constitutional Drafting and External Influence Zaid Al-Ali 6. Constitutional Amendment Rules: A Comparative Perspective Rosalind Dixon 7. Constitutional Endurance Tom Ginsburg PART II: CONSTITUTIONAL IDENTITY 8. The Formation of Constitutional Identities Gary J. Jacobsohn 9. Citizenship and the Boundaries of the Constitution Kim Rubenstein and Niamh Lenagh-Maguire 10. Comparative Constitutional Law and Indigenous Peoples: Canada, New Zealand and the USA Claire Charters 11. A New Global Constitutional Order? David Schneiderman PART III: CONSTITUTIONAL STRUCTURE 12. Legislative-Executive Relations José Antonio Cheibub and Fernando Limongi 13. The Separation of Legislative and Executive Powers Ronald J. Krotoszynski, Jr. 14. Political Parties and Constitutionalism Richard H. Pildes 15. The Rise of Specialized Constitutional Courts Victor Ferreres Comella 16. The Interplay of Constitutional and Ordinary Jurisdiction Frank I. Michelman 17. Constitutional Experimentation: Rethinking How a Bill of Rights Functions Janet L. Hiebert 18. The Rise of Weak-form Judicial Review Mark Tushnet 19. Constitutions and Emergency Regimes Oren Gross 20. Federalism, Devolution and Secession: From Classical to Post-conflict Federalism Sujit Choudhry and Nathan Hume PART IV: INDIVIDUAL RIGHTS AND STATE DUTIES 21. The Structure and Scope of Constitutional Rights Stephen Gardbaum 22. The Comparative Constitutional Law of Freedom of Expression Adrienne Stone 23. Comparative Constitutional Law and Religion Ran Hirschl 24. Autonomy, Dignity and Abortion Donald P. Kommers 25. Human Dignity in Constitutional Adjudication Paolo G. Carozza 26. Equality Kate O’Regan and Nick Friedman 27. The Right to Property Tom Allen 28. Socio-economic Rights: Has the Promise of Eradicating the Divide between First and Second Generation Rights Been Fulfilled? Dennis M. Davis 29. Comparative Constitutional Law and the Challenges of Terrorism Law Kent Roach 30. Legal Protection of Same-sex Partnerships and Comparative Constitutional Law Nicholas Bamforth PART V: COURTS AND CONSTITUTIONAL INTERPRETATION 31. Judicial Engagement with Comparative Law Cheryl Saunders 32. Constitutional Interpretation in Comparative Perspective: Comparing Judges or Courts? Vicki C. Jackson and Jamal Greene 33. Docket Control and the Success of Constitutional Courts David Fontana Index

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Book SynopsisA comprehensive overview of the field of comparative administrative law, the specially commissioned papers in this landmark volume represent a broad, multi-method approach combining history and social science perspectives with more strictly legal analyses. Comparisons of the United States, continental Europe, and the British Commonwealth are complemented by contributions that focus on Latin America, Africa, and Asia. The work aims to stimulate comparative research on public law, reaching across countries and scholarly disciplines. Beginning with historical reflections on the emergence of administrative law over the last two centuries, the volume then turns to the relationship of administrative and constitutional law, with an additional section focusing on the key issue of administrative independence. Two further sections highlight the possible tensions between impartial expertise and public accountability, drawing insights from economics and political science as well as law. The final section considers the changing boundaries of the administrative state - both the public-private distinction and the links between domestic and transnational regulatory bodies such as the European Union. In covering this broad range of topics, the book illuminates a core concern of administrative law: the way individuals and organizations across different systems test and challenge the legitimacy of the modern state. This extensive, interdisciplinary appraisal of the field will prove a vital resource for scholars and students of administrative and comparative law. Historians of the state looking for a broad overview of a key area of public law, reformers in emerging economies, donor agencies looking for governance options, and policy analysts with an interest in the law/policy interface will also find this work a valuable addition to their library.Table of ContentsContents: Comparative Administrative Law: An Introduction Susan Rose-Ackerman and Peter L. Lindseth PART I: HISTORICAL PERSPECTIVES 1. Révolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence of Administrative Law in Europe Bernardo Sordi 2. Explaining Administrative Law: Reflections on Federal Administrative Law in Nineteenth Century America Jerry L. Mashaw 3. Testing Weber: Compensation for Public Services, Bureaucratization, and the Development of Positive Law in the United States Nicholas Parrillo 4. Administrative Law and the Public Regulation of Markets in a Global Age Marco D’Alberti 5. Administrative Law in East Asia: A Comparative-Historical Analysis John Ohnesorge 6. Administrative State Socialism and its Constitutional Aftermath Kim Lane Scheppele PART II: CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW 7. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law Tom Ginsburg 8. Good-bye Montesquieu Bruce Ackerman 9. Comparative Positive Political Theory M. Elizabeth Magill and Daniel R. Ortiz 10. Overseeing the Executive: Is the Legislature Reclaiming Lost Territory from the Courts? Tom Zwart 11. ‘Creatures of the State’: Regulatory Federalism, Local Immunities, and EU Waste Regulation in Comparative Perspective Fernanda G. Nicola PART III: ADMINISTRATIVE INDEPENDENCE 12. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies Daniel Halberstam 13. The Puzzle of Administrative Independence and Parliamentary Democracy in the Common Law World: A Canadian Perspective Lorne Sossin 14. Presidential Dominance from a Comparative Perspective: The Relationship between the Executive Branch and Regulatory Agencies in Brazil Mariana Mota Prado 15. Experimenting with Independent Commissions in a New Democracy with a Civil Law Tradition: The Case of Taiwan Jiunn-rong Yeh 16. Understanding Independent Accountability Agencies John M. Ackerman 17. Independent Administrative Authorities in France: Structural and Procedural Change at the Intersection of Americanization, Europeanization and Gallicization Dominique Custos 18. A Comparison of US and European Independent Agencies Martin Shapiro PART IV: TRANSPARENCY, PROCEDURE, AND ADMINISTRATIVE POLICY-MAKING 19. Comparing Regulatory Oversight Bodies Across the Atlantic: The Office of Information and Regulatory Affairs in the US and the Impact Assessment Board in the EU Jonathan B. Wiener and Alberto Alemanno 20. Towards a Third Generation of Administrative Procedure Javier Barnes 21. Participation and Expertise: Judicial Attitudes in Comparative Perspective Catherine Donnelly 22. Administrative Agencies as Creators of Administrative Law Norms: Evidence from the UK, France and Sweden Dorit Rubinstein Reiss PART V: ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW 23. The Origins of American-style Judicial Review Thomas W. Merrill 24. The Powers and Duties of the French Administrative Judge Jean Massot 25. Judicial Review and Merits Review: Comparing Administrative Adjudication by Courts and Tribunals Peter Cane 26. Judicial Review of Questions of Law: A Comparative Perspective Paul Craig 27. Judicial Deference to Legislative Delegation and Administrative Discretion in New Democracies: Recent Evidence from Poland, Taiwan, and South Africa Cheng-Yi Huang 28. Where Too Little Judicial Deference Can Impair the Administrative Process: The Case of Ukraine Howard N. Fenton PART VI: ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATE A. The Boundary between Public and Private 29. Three Questions of Privatization Daphne Barak-Erez 30. Contracting Out and ‘Public Values’: A Theoretical and Comparative Approach Jean-Bernard Auby 31. Organizational Structure, Institutional Culture and Norm Compliance in an Era of Privatization: The Case of US Military Contractors Laura A. Dickinson 32. Financial Crisis and Bailout: Legal Challenges and International Lessons from Mexico, Korea and the United States Irma E. Sandoval 33. The Role of the State in (and after) the Financial Crisis: New Challenges for Administrative Law Giulio Napolitano B. Administration Beyond the State: The Case of the European Union 34. A Restatement of European Administrative Law: Problems and Prospects George A. Bermann 35. Adversarial Legalism and Administrative Law in the European Union R. Daniel Kelemen 36. Supranational Governance and Networked Accountability Structures: Member State Oversight of EU Agencies Johannes Saurer 37. Individual Rights and Transnational Networks Francesca Bignami Index

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Book SynopsisA comprehensive overview of the field of comparative administrative law, the specially commissioned papers in this landmark volume represent a broad, multi-method approach combining history and social science perspectives with more strictly legal analyses. Comparisons of the United States, continental Europe, and the British Commonwealth are complemented by contributions that focus on Latin America, Africa, and Asia. The work aims to stimulate comparative research on public law, reaching across countries and scholarly disciplines. Beginning with historical reflections on the emergence of administrative law over the last two centuries, the volume then turns to the relationship of administrative and constitutional law, with an additional section focusing on the key issue of administrative independence. Two further sections highlight the possible tensions between impartial expertise and public accountability, drawing insights from economics and political science as well as law. The final section considers the changing boundaries of the administrative state - both the public-private distinction and the links between domestic and transnational regulatory bodies such as the European Union. In covering this broad range of topics, the book illuminates a core concern of administrative law: the way individuals and organizations across different systems test and challenge the legitimacy of the modern state. This extensive, interdisciplinary appraisal of the field will prove a vital resource for scholars and students of administrative and comparative law. Historians of the state looking for a broad overview of a key area of public law, reformers in emerging economies, donor agencies looking for governance options, and policy analysts with an interest in the law/policy interface will also find this work a valuable addition to their library.Table of ContentsContents: Comparative Administrative Law: An Introduction Susan Rose-Ackerman and Peter L. Lindseth PART I: HISTORICAL PERSPECTIVES 1. Révolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence of Administrative Law in Europe Bernardo Sordi 2. Explaining Administrative Law: Reflections on Federal Administrative Law in Nineteenth Century America Jerry L. Mashaw 3. Testing Weber: Compensation for Public Services, Bureaucratization, and the Development of Positive Law in the United States Nicholas Parrillo 4. Administrative Law and the Public Regulation of Markets in a Global Age Marco D’Alberti 5. Administrative Law in East Asia: A Comparative-Historical Analysis John Ohnesorge 6. Administrative State Socialism and its Constitutional Aftermath Kim Lane Scheppele PART II: CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW 7. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law Tom Ginsburg 8. Good-bye Montesquieu Bruce Ackerman 9. Comparative Positive Political Theory M. Elizabeth Magill and Daniel R. Ortiz 10. Overseeing the Executive: Is the Legislature Reclaiming Lost Territory from the Courts? Tom Zwart 11. ‘Creatures of the State’: Regulatory Federalism, Local Immunities, and EU Waste Regulation in Comparative Perspective Fernanda G. Nicola PART III: ADMINISTRATIVE INDEPENDENCE 12. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies Daniel Halberstam 13. The Puzzle of Administrative Independence and Parliamentary Democracy in the Common Law World: A Canadian Perspective Lorne Sossin 14. Presidential Dominance from a Comparative Perspective: The Relationship between the Executive Branch and Regulatory Agencies in Brazil Mariana Mota Prado 15. Experimenting with Independent Commissions in a New Democracy with a Civil Law Tradition: The Case of Taiwan Jiunn-rong Yeh 16. Understanding Independent Accountability Agencies John M. Ackerman 17. Independent Administrative Authorities in France: Structural and Procedural Change at the Intersection of Americanization, Europeanization and Gallicization Dominique Custos 18. A Comparison of US and European Independent Agencies Martin Shapiro PART IV: TRANSPARENCY, PROCEDURE, AND ADMINISTRATIVE POLICY-MAKING 19. Comparing Regulatory Oversight Bodies Across the Atlantic: The Office of Information and Regulatory Affairs in the US and the Impact Assessment Board in the EU Jonathan B. Wiener and Alberto Alemanno 20. Towards a Third Generation of Administrative Procedure Javier Barnes 21. Participation and Expertise: Judicial Attitudes in Comparative Perspective Catherine Donnelly 22. Administrative Agencies as Creators of Administrative Law Norms: Evidence from the UK, France and Sweden Dorit Rubinstein Reiss PART V: ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW 23. The Origins of American-style Judicial Review Thomas W. Merrill 24. The Powers and Duties of the French Administrative Judge Jean Massot 25. Judicial Review and Merits Review: Comparing Administrative Adjudication by Courts and Tribunals Peter Cane 26. Judicial Review of Questions of Law: A Comparative Perspective Paul Craig 27. Judicial Deference to Legislative Delegation and Administrative Discretion in New Democracies: Recent Evidence from Poland, Taiwan, and South Africa Cheng-Yi Huang 28. Where Too Little Judicial Deference Can Impair the Administrative Process: The Case of Ukraine Howard N. Fenton PART VI: ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATE A. The Boundary between Public and Private 29. Three Questions of Privatization Daphne Barak-Erez 30. Contracting Out and ‘Public Values’: A Theoretical and Comparative Approach Jean-Bernard Auby 31. Organizational Structure, Institutional Culture and Norm Compliance in an Era of Privatization: The Case of US Military Contractors Laura A. Dickinson 32. Financial Crisis and Bailout: Legal Challenges and International Lessons from Mexico, Korea and the United States Irma E. Sandoval 33. The Role of the State in (and after) the Financial Crisis: New Challenges for Administrative Law Giulio Napolitano B. Administration Beyond the State: The Case of the European Union 34. A Restatement of European Administrative Law: Problems and Prospects George A. Bermann 35. Adversarial Legalism and Administrative Law in the European Union R. Daniel Kelemen 36. Supranational Governance and Networked Accountability Structures: Member State Oversight of EU Agencies Johannes Saurer 37. Individual Rights and Transnational Networks Francesca Bignami Index

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Book SynopsisThis detailed book begins with some reflections on the importance of judicial interactions in European constitutional law, before going on to compare the relationships between national judges and supranational laws across 27 European jurisdictions. For the same jurisdictions it then makes a careful assessment of way in which ECHR and EU law is handled before national courts and also sets this in the context of the original goals and aims of the two regimes. Finally, the authors broaden the perspective to bring in the prospects of European enlargement towards the East, and consider the implications of this for the rapprochement between the two regimes. The Interaction between Europe's Legal Systems will strongly appeal to academics and students in European law, comparative law, theory of law, postgraduate students and LLM students in European law and in comparative law.Trade Review’The book has the merit to deal with an issue, namely judicial convergence or divergence in Europe, which in the near future is likely to dominate the debate among scholars in comparative, constitutional, EU, and international law, given the on-going developments in the relationship between the EU and the ECHR, and between the European Court of Human Rights and the highest national courts.’ -- European Law Journal’This volume engages successfully in an extensive comparison between the case law of the CJEU and the Court in Strasbourg, so as to encompass a variety of prominent issues, from the way in which specific rights are protected (e.g. the right not to be discriminated against, human dignity, and social rights) to interpretive techniques and the reasoning used by the Courts. The analysis is supplied with an extraordinary amount of case-law, which confirms the sound nature of the work. -- Cristina Fasone, European Constitutional Law Review’The book by Martinico and Pollicino is an interesting example of looking at judicial activism through the prism of historical circumstances.’ -- Krystyna Kowalik-Banczyk, Common Market Law ReviewTable of ContentsContents: Part I 1. The Interaction between Europe’s Legal Systems: An Introduction to the Investigation 2. The Formal Parameter 3. The Law in Action Part II 4. External Convergence: Towards a Rapprochement of the EU and ECHR Regimes After the Enlargement of Europe to the East 5. The Enlargement of Europe to the East and the Reaction of the European Court of Human Rights 6. The Enlargement of Europe to the East and the Reaction of the European Court of Justice 7. Conclusions Index

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Book SynopsisGlobal Privacy Protection reviews the origins and history of national privacy codes as social, political and legal phenomena in Australia, France, Germany, Hong Kong, Hungary, South Korea and the United States. The first chapter reviews key international statements on privacy rights, such as the OECD, EU and APEC principles. In the following chapters, the seven national case studies present and analyze the widest variety of 'privacy stories' in an equally varied array of countries. They look beyond the details of what current national data-protection laws allow and prohibit to examine the origins of public concern about privacy; the forces promoting or opposing privacy codes; the roles of media, grassroots activists and elite intervention; and a host of other considerations shaping the present state of privacy protection in each country.Providing a rich description of the interweaving of national traditions, legal institutions, and power relations, this book will be of great interest to scholars engaged in the study of comparative law, information law and policy, civil liberties, and international law. It will also appeal to policy-makers in the many countries now contemplating the adoption of privacy codes, as well as to privacy activists.Trade Review'The distinguished editors and contributors to this book have produced a valuable report of the state of privacy in a number of jurisdictions with their distinct legal and political traditions. It highlights the challenges we confront in our effort to protect and defend a ce'. . . This book is. . . a seminal piece of literature. . . Although the volume is about privacy law and the international politics of data protection, it is vitally important for the whole field of surveillance studies. It is easy to follow, and written in a way that nonlegal scholars can easily grasp.' -- Nils Zurawski, Surveillance and Society'Global Privacy Protection is certainly to be commended.' -- Daniel Seng, Singapore Journal of Legal StudiesTable of ContentsContents: Introduction James B. Rule 1. International Agreements to Protect Personal Data Lee A. Bygrave 2. The United States Priscilla M. Regan 3. Germany Wolfgang Kilian 4. France Andre Vitalis 5. Privacy in Australia Graham Greenleaf 6. Hungary Ivan Szekely 7. Republic of Korea Whon-Il Park 8. Hong Kong Robin McLeish and Graham Greenleaf Conclusion James B. Rule Bibliography Index

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Book SynopsisThis collection of specially commissioned chapters takes one of the oldest theoretical approaches on federalism in the law and puts it in the service of the new empirically minded law and economics. A federalist structure, at least in principle, allows for quasi-experimental examinations and evaluations of the effects of various policies that would be more difficult in unitary systems. Although legal scholars have talked about this topic for decades, rarely has the law and economics literature treated federalism empirically in such a systematic and useful way. The Law and Economics of Federalism begins with a generalized discussion of US federalism in the environmental context and in social welfare programs. Additionally, new empirical work is provided on the effect of state regulations on entrepreneurism, consumer protection law and crime policies. Expert contributors then turn to an analysis of inter-jurisdictional arrangements on the development of Native American communities, as well as the interplay among the levels of government on budgetary issues. Lastly, the book addresses the notable dearth of empirical analysis of federalism in the EU with an illuminating analysis of the EU's institutional background that will spur comparable empirical work in the future. This unique study offers valuable insights on federalism that will be welcomed by students and academics in law and economics. The innovative proposals on federalism as a vehicle for the empirical identification of policy effects will be of great interest to policymakers.Contributors include: T.L. Anderson, M.P. Bitler, J.A. Dove, M. Faure, R.K. Fleck, B. Galle, J.B. Gelbach, F.A. Hanson, J. Klick, D. Parker, R.S. Sobel, J.D. Wright, M. ZavodnyTable of ContentsContents: Introduction Jonathan Klick 1. Congressional Control of State Taxation: Evidence and Lessons for Federalism Theory Brian Galle 2. Harmonisation of Private Law in Europe Michael Faure 3. Lessons in Fiscal Federalism from American Indian Nations Terry L. Anderson and Dominic P. Parker 4. Do Profits Promote Pollution? The Myth of the Environmental Race to the Bottom Robert K. Fleck and F. Andrew Hanssen 5. Uncontrolled Experiments From the Laboratories of Democracy: Traditional Cash Welfare, Federalism, and Welfare Reform Jonah B. Gelbach 6. Medicaid Marianne P. Bitler and Madeline Zavodny 7. Entrepreneurial Creative Destruction and Legal Federalism John A. Dove and Russell S. Sobel 8. Federalism and the Rise of State Consumer Protection Law in the United States Joshua D. Wright Index

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Book SynopsisThe process of European integration is at a crossroads. As the Union becomes larger in terms of members, the institutional structures and decision making procedures will have to change in order for it to make policy initiatives. To meet these challenges, the Union will need an effective institutional and constitutional structure which must be both democratic and acceptable to its citizens.This major book evaluates recent developments, considers the present situation and assesses the prospects for the future of the European Union. A wide variety of institutional and constitutional issues are addressed, with special attention being paid to three main topics; decision making and including a critique of attempts to analyse European decision making using traditional power indices and a discussion of the different procedures laid down in the comitology decision; federal structures, with an analysis of the politics of European federalism among other issues; institutional change which compares the relative merits of enlarging or deepening the Union, suggesting a fifth freedom by a single European market for governments and discussing non-technical aspects of legislation in the European Union.Constitutional Law and Economics of the European Union will of interest to policymakers, academics and students of European economic and political affairs and institutional and constitutional structures.Trade Review'. . . Most papers are followed by remarks from two commentators, which provide a useful summary of the issues at stake.' -- Keith Tribe, The Economic Journal'. . . with its constitutional law and economics approach to European integration, this book is both interesting and useful for academics, policymakers and students of the EU.'– Nina Grager, Journal of Peace ResearchTable of ContentsContents: Introduction (D. Schmidtchen and R. Cooter) Part I: Decision Making Part II: Federal Structures Part III: Institutional Change Index

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