Constitutional and administrative law: general Books
Cambridge University Press The Law and Practice of the IrelandNorthern
Book SynopsisThe Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. TTrade Review'This concise, yet almost encyclopedic collection of essays will help readers cut through the breathtaking complexity of Brexit as it relates to the most difficult issue of Northern Ireland. With outstanding entries on the relevant procedures, institutions, and concepts, as well as a host of substantive sectors, this volume will become an indispensable legal handbook for the generation that must now grapple with untangling the UK from Europe while keeping further troubles at bay.' Daniel Halberstam, Eric Stein Collegiate Professor of Law and Director of the European Legal Studies Program at the University of Michigan Law School'This book is an invaluable and highly readable guide to the formidable complexities of the Protocol and its implications for everyone living on the island of Ireland. There are many who will talk about the Protocol, but until you read this book you cannot really say that you fully understand it.' Gerard Hogan, Justice Gerard Hogan, Supreme Court of Ireland, formerly Advocate General of the Court of Justice of the European Union 'The Protocol has been a central matter of Brexit political debate. However, it is first and foremost a legal instrument with consequences in domestic and international law. This is the first book on the Protocol's many legal dimensions. Bringing together a uniquely qualified group of global experts, the book is an important contribution to navigating the Protocol. Is at once is the key legal text on the Protocol, a must-read for those concerned with the political consequences of the Protocol, and a valuable source of information in plain language, for anyone concerned to cut through the rhetoric to understand what the Protocol is and does.' Christine Bell, Professor of Constitutional Law, Edinburgh School of Law, University of Edinburgh'Brexit and the Northern Ireland Protocol have given rise to more issues of constitutional law, the results of a complex bundle of treaties and legislation, than any other single incident in UK constitutional history. There is no underlying or unifying concept. No lawyer would ever design such a complicated structure from scratch. This book is an analysis of the most important issues. It explains them as clearly as possible, and provides a practical and thoughtful basis on which lawyers in the UK, in both parts of Ireland, and the EU on which this unprecedented structure can proceed. The courts of Northern Ireland have the great responsibility of making it intelligible, and making it work.' John Temple Lang, former Head of the Legal Service, of the European Commission'The Ireland-Northern Ireland Protocol regulates the most contentious intersection of the UK and EU legal orders as Brexit unfolds. This excellent volume, analysing the Protocol's legal effect across all dimensions, will be essential reading for anyone interested in the future of EU-UK relations.' Oran Doyle, Trinity College DublinTable of Contents1. Introduction Christopher McCrudden; 2. The 1998 agreement: Context and status Colin Harvey; 3. Legal structure, rights and enforceability Paul Craig; 4. Committees of the protocol Katy Hayward; 5. Dispute settlement Jan Wouters; 6. Interpreting the protocol Stephen Weatherill; 7. International rules on treaty interpretation Steven Ratner; 8. Good faith Christopher McCrudden; 9. The status of the withdrawal agreement in United Kingdom law Catherine Barnard; 10. The protocol in northern Ireland law Gordon Anthony; 11. The protocol in Irish law David Fennelly; 12. Human rights and equality Christopher McCrudden; 13. The charter of fundamental rights Bernard McCloskey; 14. The common travel area Imelda Maher; 15. Citizenship and identity in northern Ireland Colin Murray; 16. Citizenship beyond Irish and British Tobias Lock; 17. The Irish Sea customs border Anna Jerzewska; 18. Competition Vincent Power; 19. State aid George Peretz; 20. Environment and trade Mary Dobbs and Viviane Gravey; 21. Free movement of services Gavin Barett; 22. Public procurement Catherine Donnelly; 23. Law enforcement and judicial cooperation in criminal matters Gemma Davies; 24. Jurisdiction, choice of law and enforcement of foreign judgments David Kenny; 25. Safeguard provisions Billy Melo Araujo and Stephen Brittain.
£84.59
Taylor & Francis Ltd The Future of the International Criminal Court
Book SynopsisThis book presents the argument that solution-driven policy and treaty changes, if faithfully implemented, will rekindle the relevance of the International Criminal Court (ICC) in combatting and prosecuting atrocity crimes.
£37.99
Routledge States of Emergency and Human Rights Protection
Book Synopsis
£40.84
Routledge Children the Law and the Welfare Principle
a huge range and FREE tracked UK delivery on ALL orders.
£43.69
Taylor & Francis Space Law
Book SynopsisAs space continues to attract substantial public and private investment and has become ever more active, the third edition of this book has been updated to cover recent developments. This includes the legal bases of UN Resolution 76/3, the Space3030 Agenda, which envisages âspace as a driver of sustainable developmentâ and sets out an extensive programme for the future. The work also takes account of adaptations and augmentations to basic space treaties. It examines the increasing commercialisation of space in areas such as space tourism and space mining, for which four states have already adopted relevant legislation. The impact of new technologies such as satellite constellations and micro-satellites are also scrutinised. At a time when space tourism is available to those who can afford it and when the moon will shortly be revisited with a prospect of permanent bases, this third edition provides a firm base for the next generation of space lawyers. As with previous editions, the work draws from governmental, international organisational and other authoritative sources as well as the relevant literature in the field. The book will be an essential and comprehensive resource for students, academics and researchers as well as space agencies, governments and space-active companies. It will also be of value to technical operatives and managers who need to know the legal context within which they work.
£52.99
Cambridge University Press The Constitution and the Future of Criminal Justice in America
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£77.90
Cambridge University Press Tying the Autocrats Hands
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£51.30
Cambridge University Press Administrative Law from the Inside Out Essays on
Book SynopsisThis collection of twenty-one essays on administrative law provides a snapshot of cutting-edge thinking in this important field, which forms part of the practice of a large portion of the legal profession and affects the lives of all Americans from air quality to car safety and to social security.Table of ContentsIntroduction: Jerry L. Mashaw's creative tension with the field of administrative law Nicholas R. Parrillo; Part I. An Internal Law of Administration: 1. Jerry L. Mashaw, the due process revolution, and the limits of judicial power Thomas W. Merrill; 2. The management side of due process in the service-based welfare state Charles F. Sabel and William H. Simon; 3. Jerry L. Mashaw and the public law curriculum Peter L. Strauss; 4. From the history to the theory of administrative constitutionalism Sophia Z. Lee; 5. Cyberdelegation and the administrative state Mariano-Florentino Cuéllar; Part II. Internal Law and the President: 6. Internal administrative law before and after the APA Gillian E. Metzger and Kevin M. Stack; 7. Boundary disputes: Jerry L. Mashaw's anti-formalism, constitutional interpretation and the Unitary Presidency Peter M. Shane; 8. Cost-benefit analysis of financial regulation: an institutional perspective Richard L. Revesz; Part III. Adjudication and Divergent Models of Justice: 9. Meeting the Mashaw test for consistency in administrative decisionmaking Paul Verkuil; 10. Varieties of bureaucratic justice: building on Mashaw's typology Robert A. Kagan; 11. Enforcement adjudication at the SEC David Zaring; Part IV. The Agency and its External Environment: 12. Pathways to auto safety: assessing the role of the national highway traffic safety administration Robert L. Rabin; 13. A comparison of the cultures and performance of a modern agency and a nineteenth century agency Richard J. Pierce, Jr; Part V. Remapping the Administrative State's Development: 14. On the emergence of the administrative petition: innovations in nineteenth-century indigenous North America Daniel Carpenter; 15. Putting the 'public' in public administration: the rise of the public utility idea William J. Novak; 16. Lochner and property Edward Rubin; Part VI. 'The Agency' as More than a Black Box: 17. Supervising outsourcing: the need for better design of blended governance Nina A. Mendelson; 18. Government market participation as conflicted government Jon D. Michaels; 19. State regulatory capacity and administrative: law and governance under globalization Richard B. Stewart; Conclusion. The inside out perspective: a first person account Jerry L. Mashaw.
£116.44
Cambridge University Press Lions under the Throne
Book SynopsisHow has modern English public law come to be what it is? How deep and extensive are its roots? What events have conditioned its growth? These studies advance an informed historical account of the body of law of which the author has been a leading practitioner and exponent.Trade Review'Part I of this book enriched my understanding of the role of public law within our constitutional system and laid the foundation for Part II, which compellingly traces the influence and echoes of history in the constitutional issues facing us today.' Kate Stone, Socialist LawyerTable of ContentsIntroduction; Part I. Histories: 1. Lions in winter: public law in the twentieth century; 2. The dark satanic mills: the Victorian state; 3. New corn from old fields: the Hanoverian harvest; 4. Parchment in the fire: public law in the Interregnum; 5. The future of public law; Part II. Themes: 6. The royal prerogative; 7. The sovereignty of Parliament and the abuse of power; 8. The right to be heard; 9. The separation of powers; 10. Public law and human rights; 11. The state and the law; 12. Standing and 'sitting'; 13. Law without courts: the tribunal system; 14. The rule of law.
£34.99
Cambridge University Press The Collaborative Constitution
Book SynopsisUsing a theoretical and comparative perspective, Aileen Kavanagh argues that protecting rights in a constitutional democracy is a collaborative enterprise between all three branches of government: the Executive, legislature, and courts. With examples from multiple jurisdictions, this book documents the dynamics of collaborative constitutionalism.
£33.24
Cambridge University Press The Administrative Foundations of the Chinese
Book SynopsisThis systematic study of Chinese taxation explains the lessons China's successful revenue-raising effort holds for developing countries, the reasons why mainstream economic theories must be revised to recognize fundamentally different types of state capacity, and the challenging questions the Chinese paradigm raises for the future of taxation.Trade Review'One of the foremost international tax scholars in the world, Cui Wei presents a fascinating yet largely unknown recent development in international fiscal policy: the extraordinary decision by China to implement its income tax system without relying on principles - the rule of law, and self-assessment by taxpayers - that are foundational elements of sound tax administration in most developed countries. Cui's highly readable, carefully researched, and balanced account is must-reading for those interested in understanding China's likely future place on the world stage.' George K. Yin, Distinguished Professor of Law and Taxation Emeritus, University of Virginia'This book provides a fresh and informative account about how the Chinese tax system really works. Even those not specifically interested in China or taxation can learn much from this examination of the development of China's policy in this area. Wei Cui's book offers not only a novel approach to studying tax administration but also many useful lessons for anyone concerned with implementing public policy in any country. In policy analysis, the devil is usually found in the details: this is a rare study that not only delves into the relevant details but also carefully places them within the relevant context and shows how context shapes both policy and outcomes,' Richard M. Bird, Professor Emeritus of Economic Analysis and Policy, Rotman School of Management, University of Toronto'Cui presents an engrossing story of the operation of the Chinese tax and fiscal systems. The rich empirical data, the refreshing perspective from which the subject matter is examined, and its novel arguments make a valuable contribution to the field. Readers familiar with taxation or Chinese legal systems will appreciate the author's mastery of his materials as well as his ability to identify key features from an array of discrete and complex information sources and to interpret those features in familiar terminologies to readers outside China.' Yan Xu, The China Quarterly'In his [remarkable] book…Cui composes a detailed picture of an organized modern tax system that does not depend on rule of law. Yet the Chinese fiscal system is neither a dissolute mess nor a top-down exercise of discretionary power…This is more than a story about tax farming or crony Communism … Cui's observations are valuable and thought-provoking for the study of any jurisdiction's tax system.' Susan C. Morse, Florida Tax ReviewTable of ContentsList of figures and tables; Acknowledgements; List of abbreviations; Introduction; 1. The forgotten reform; 2. What is an audit?; 3. Atomistic coercion; 4. Returning responsibilities to taxpayers; 5. Organizing revenue; 6. Policymaking without information; 7. The rhetoric of law; 8. Varieties of state capacity; 9. Pivoting away from the rule of law; References; Index.
£23.99
Regulations Press CFR 14 Parts 200 to 1199 Aeronautics and Space
Book Synopsis
£43.16
Pearson Education Limited Law of European Union
Book SynopsisLaw of the European Union provides an introductory guide to help you understand European Law at a time of considerable change and challenge. It offers a clear and accurate explanation of the constitutional law of the EU and the institutions, as well as the substantive law, presented in a systematic and logical way to support learning and revision. This new edition provides concise and focused coverage of all core EU topics studied on an undergraduate degree. Latest developments, such as the position on the Treaty of Lisbon, are discussed alongside basic concepts and issues. Written in an accessible style, this new edition is ideal for all students requiring a clear introduction to European Union Law. It is suitable for law students as well as those studying EU Law as part of a non-law discipline. Table of ContentsTable of Contents: Preface Abbreviations Tables of: Community treaties UK statutes Secondary legislation Cases in the Court of Justice and the Court of First Instance Cases before the national courts Commission decisionsPART 1: THE CONSTITUTIONAL LAW OF THE EUROPEAN UNION 1. The development of European Union law 2 The institutions of the EU 3 The sources of Community law ; competences of the EC and EU4 General principles of law 5 The supremacy of Community law 6 The principles of direct effect, indirect effect and state liability7 Enforcement actions against Member States 8 Judicial review 9 Liability of the Community institutions10 Preliminary rulings under Article 234 PART 2: FREE MOVEMENT WITHIN THE SINGLE MARKET11 Customs duties and discriminatory internal taxation; state monopolies of a commercial nature12 Quantitative restrictions and measures having equivalent effect 13. Union citizenship14 The free movement of workers 15 The right of establishment and the freedom to provide services 16 Capital movements and economic and monetary union PART 3: COMPETITION LAW AND POLICY17 Introduction to competition 18 Article 81 19 Article 82 20 Articles 81 and 82: enforcement and procedure 21 Intellectual property 22 Competition law and state regulation PART 4: THE SOCIAL DIMENSION23 Social policy 24 Equality of pay and treatment Appendix 1: Where to find the law Appendix 2: Bibliography Appendix III: Timeline
£50.99
Pearson Education Human Rights in the UK
Book SynopsisTable of Contents1. Introduction 2. The idea of human rights 3. The history of human rights and the Convention 4. Constitutional considerations 5. The scheme of the Human Rights Act 1998 6. Remedies under the Human Rights Act 7. Introduction to the Convention rights 8. The right to life: Article 2 9. Freedom from torture: Article 3 10. Freedom from slavery: Article 4 11 . Personal liberty: Article 5 12. The right to a fair trial: Article 6 13. Retrospective legislation: Article 7 14. The right to privacy: Article 8 15. Freedom of conscience: Article 9 and Article 2 of the First Protocol 16. Freedom of expression: Article 10 17. Freedom of assembly: Article 18. The right to marry: Article 12 19. Non-discrimination: Article 14 20. The right to property: Article 1 of the First Protocol 21. Free elections: Article 3 of the First Protocol 22. The problem of terrorism 23. Conclusion Appendix 1 The Human Rights Act 1998 Appendix 2 The European Convention for the Protection of Human Rights and Fundamental Freedoms Appendix 3 Members of the Council of Europe and Convention ratifications Appendix 4 The Universal Declaration of Human Rights Appendix 5 European Union Charter of Fundamental Rights
£56.99
Edinburgh University Press Constituent Power
Book SynopsisRecent social and political developments, including the presidential elections in the United States, antidemocratic state policies in Hungary and Poland, and the political climate in the rest of Europe have brought questions relating to the position and composition of 'the people' in constitutional democracies to the forefront
£19.94
Bloomsbury Publishing PLC The Legal Protection of Rights in Australia
Book SynopsisHow do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its ‘formalism’, ‘legalism’ and ‘exceptionalism’ compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.Table of Contents1. Rights, Rhetoric and Reality: An Overview of Rights Protection in Australia Matthew Groves, Janina Boughey and Dan Meagher 2. Australia’s Constitutional Design and the Protection of Human Rights George Williams 3. Chapter III of the Constitution and the Protection of Due Process Rights Anthony Gray 4. The High Court’s Implied Rights Experiment Tony Blackshield 5. The Reception of International Law in Constitutional Litigation – The Al-Kateb Battle and its Aftermath Adam Fletcher 6. International Law, Administrative Powers and Human Rights: The Legacy of Teoh Matthew Groves 7. The Australian Human Rights Commission Edward Santow 8. The Human Rights (Parliamentary Scrutiny) Act 2011 (Cth): A Failed Human Rights Experiment? Lisa Burton Crawford 9. The Nature and Limitations of Commonwealth Anti-Discrimination Law Colin Campbell 10. ‘Culture, What Culture?’ Why We Don’t Know if the ACT Human Rights Act is Working Simon Rice 11. The Victorian Charter: A Slow Start or Fundamentally Flawed? Janina Boughey 12. International Human Rights Treaties and Institutions in the Protection of Human Rights in Australia Madelaine Chiam 13. The Recognition and Protection of Indigenous Rights Edward Synot and Dylan Lino 14. Federalism, Public Interest Advocacy and Marriage Equality in Australia Gabrielle Appleby and Adam Webster 15. Freedom of Religion Nicholas Aroney and Benjamin B Saunders 16. A Fair Trial for Accused Terrorists Rebecca Ananian-Welsh 17. A Search for Rights: Judicial and Administrative Responses to Migration and Refugee Cases Emma Dunlop, Jane McAdam and Greg Weeks 18. Proportionality and the New Postwar Juridical Paradigm: A Challenge to Australian Exceptionalism? Shipra Chordia 19. A Common Law Bill of Rights Dan Meagher 20. Against a Constitutional Bill of Rights in Australia Jeffrey Goldsworthy 21. Designing an Australian Bill of Rights: The Normative Trade-offs Scott Stephenson
£100.00
Bloomsbury Publishing PLC The Constitution of Czechia: A Contextual
Book SynopsisThis book provides a contextual and authoritative overview of the principles, doctrines and institutions that underpin the Czech constitution. The book explores key topics including; the Czech pluralist constitution, constitutional principles, the interaction between the legislature, executive and the judiciary, the role of local governance and application of fundamental rights in practice. It also covers the morphing of Czech constitutionalism as a result of personal politics, conventions, informal institutions and constitutional narratives and sentiments. This informative study allows students and scholars of law and politics to develop an informed view of how Czech democracy actually works and what its main challenges are.Trade ReviewThe book presents a perfect insight into the Czech constitutional system for a wider international audience. I have used the book in my course of Constitutional Law for Czech law students as a tool for introducing an "outer" view on the Czech constitutional system within the area of comparative constitutional law and as a tool for an explanation on how to write about the national legal issues for a wider international audience. -- Dr Lukáš Lev Cervinka * Charles University *Table of Contents1. The Rise of Czech Constitutionalism: History and Context I. The Rise and Fall of the Kingdom of Bohemia II. Influence of Foreign Legal Cultures III. Czech Constitutional Scholarship and its Changing Role Over Time IV. Inter-war Czechoslovakia V. The Communist Legacy VI. Democratic Transition and Dealing with the Past VII. The Dissolution of Czechoslovakia VIII. Return to Europe IX. Where are the People? X. Conclusion Further Reading 2. The Challenge of a Pluralist Constitution I. Drafting the 1993 Constitution II. The Pluralist Constitution III. The Eternity Clause IV. International and Supranational Sources V. Super-statutes VI. Constitutional Conventions VII. Judicial Decisions as a Source of Constitutional Law VIII. Conclusion Further Reading 3. Constitutional Principles I. The Democratic Principle II. The Rechtsstaat Principle III. Principle of the Separation of Powers IV. Principle of Sovereignty V. Principle of the Unitary State VI. Protection of Fundamental Rights VII. The Implicit Welfare State Principle VIII. Conclusion Further Reading 4. The Czech Parliament I. Basic Structure: The Chamber of Deputies and the Senate II. Competences of the Parliament and its Chambers III. The Procedural Limits of Parliamentary Power IV. Parliamentary Elections and the Czech Political Party System in Turmoil V. Scandals, Corruption and Immunities VI. Conclusion Further Reading 5. The Growing Tension within the Double-Headed Executive I. The Challenge of a Double-Headed Executive II. Over-achieving President and Under-achieving Governments III. The State of Emergency and the Hidden Powers of the Executive IV. The Quest to Depoliticise the State Administration V. Conclusion Further Reading 6. Local Governance I. The Centre and the Periphery II. The Structure of Territorial Self-Governance III. Election of Municipal and Regional Bodies IV. Direct Democracy at the Local Level V. The Rise of the Municipal Power VI. It is All About Taxes and EU Subsidies VII. Local Self-Governance in the EU VIII. Conclusion: Towards Moderate Decentralisation Further Reading 7. The Judicial Branch I. Setting the Scene: Key Players within Czech Judicial Politics II. Who are the Czech Judges? III. The Constitutional Court IV. Basic Features of the Ordinary Judiciary V. Civil and Criminal Courts VI. Administrative Courts VII. Prohibition of Special Courts and Tribunals VIII. The War(s) of the Courts IX. Czech Courts and European Supranational Courts: A Complicated Relationship X. Constitutional Politics of the Judicial Branch XI. Conclusion: From the Judicialisation of Politics to the Politicisation of the Judiciary Further Reading 8. Human Rights Constitutionalism I. The Charter and the Rest: The Pluralist Nature of Human Rights Protection in Czechia II. How to Challenge the State: Constitutional Review, General Courts, Administrative Review and the Ombudsman III. Human Dignity as a Fundamental Right? IV. Proportionality as a Key Unifying Principle? V. Positive Obligations and the Challenge of Socio-economic Rights VI. Public/Private Distinction and the Importance of Drittwirkung VII. The Influence of the European Convention on Human Rights VIII. Selective Judicial Activism – Expounding or Expanding Human Rights? IX. Conclusion Further Reading Conclusion: Dynamics of Constitutional Change and the Search for Constitutional Identity I. Formal Amendments in a Rigid System II. Constitutional Interpretation and Informal Amendments as a Mechanism of Constitutional Change III. The Unconstitutional Constitutional Amendments Doctrine IV. Conflicting Legacies and the Search for Constitutional Identity V. Concluding Remarks: A Danger of Democratic Backsliding?
£85.50
Bloomsbury Publishing PLC The Practical Guide to Public Inquiries
Book SynopsisThis practical guide provides legal practitioners, participants, witnesses and all those with an interest in public inquiries, with stage-by-stage ‘hands on’ guidance on the process of public inquiries into matters of public concern. With its user-friendly format of summaries, checklists, ‘top tips’ and flow charts, this book looks at the setting up of a public inquiry through to its close. It includes information on: - the appointment of the chair and inquiry team; - the choice and significance of the venue; - the drawing up of inquiry procedures, protocols and rulings; - the appointment and role of core participants; - evidence taking; - conducting and attending hearings; - the role of experts; - the writing and publication of the inquiry report. Drawing on the authors’ extensive experience as public inquiry lawyers, working on inquiries such as the Bloody Sunday Inquiry, Mid Staffordshire NHS Foundation Trust Inquiry, Leveson Inquiry and Grenfell Tower Inquiry, together with contributions from a number of other eminent practitioners in the field, this book provides valuable, comprehensive guidance on the public inquiry process.Trade ReviewThe book offers a lucid and accessible foundation in the practicalities of establishing, running and concluding a public inquiry. Its coverage is comprehensive, and it will be a boon to those lawyers and civil servants working for an inquiry … For those wanting an insight into public inquiries, this will be the go-to book. -- Ryan Ross, Farrar’s Building * Law Society Gazette *The authors are to be complimented on an impressively comprehensive and authoritative guide to public inquiries. It addresses every aspect of their establishment and conduct, and provides clear guidance supplemented by eminently practical checklists, a boon to the busy practitioner. Such a guide is much needed, and will prove invaluable to all those involved in the wide range of statutory, non-statutory and other forms of inquiry that have become such a feature of our public life. * Sir Robert Owen, Chair, Litvinenko Inquiry *This concise guide to inquiries … fills a serious gap. It sets out to offer practical guidance on public inquiry procedure for inquiry teams, legal practitioners, participants, witnesses and all those interested in the public inquiry process and does this very well. The authors are well qualified; three work in the Inquiries and Investigations Team at Eversheds and Emma Ireton is a law lecturer who has researched inquiries for many years. The account is comprehensive; it follows the course of an inquiry from the pre-inquiry stage to the post-inquiry stage of ‘lessons learned’. The layout is easy to follow and, with its many examples of ‘best (and worst) practice’, those readers who are merely ‘interested in the public inquiry process’ will find it a good read. * Carol Harlow, Emeritus Professor of Law, London School of Economics and Political Science *The Practical Guide to Public Inquiries not only does exactly what it says on the tin but it does so with style and a level of detail that mines every conceivable aspect of the Public Inquiry process from its inception to ultimate conclusion. It will rapidly become essential reading for all those so engaged whether they be government officials tasked with setting up an inquiry, panel members, lawyers or members of the press or individuals, interested groups and families affected by the outcome. I found the use of boxed quotations and check lists to be of particular value in making this both a comprehensive and user-friendly tool for all concerned. * Barra McGrory QC, Former Director of Public Prosecutions in Northern Ireland *My view is that this is an invaluable practitioners' guide for anyone coming to inquiry or investigative work whether in the public or private fields. The contributors list the major inquiries of the last twenty years; their expertise comes from having been in just about all of them. They cover every aspect of setting up an Inquiry from appointment of a Chair and their duties to data security and storage. I have already used it and will keep it with me. * Tom Crowther QC, Serjeants' Inn Chambers *Table of Contents1. Public Inquiries Introduction What is a Public Inquiry? The Role of a Public Inquiry The Basis upon which an Inquiry may be Convened The Challenges Table of UK Public Inquiries Convened by a Minister 2. Appointments Introduction The Chair and Panel Process of Appointing a Chair and Panel Members Conflicts Speed of the Appointment Process Issues for the Chair on Appointment Consultation and Focus on the Terms of Reference Counsel to the Inquiry Appointment of Counsel Role of Counsel Appointment of the Solicitor to the Inquiry Appointment of the Secretary to the Inquiry Role of the Secretary to the Inquiry The Inquiry Team: Additional Considerations The Role of the Sponsoring Department 3. Location and Venue Introduction Geographical Location Choosing the Right Type of Premises What to Expect from the Inquiry Premises Separation of Certain Categories of Core Participants and Witnesses Facilities for the Press and Broadcast Media Venue Set-Up 4. IT Systems Introduction Cost and Effectiveness The Inquiry’s IT Systems The Inquiry Management System Potential Features of Inquiry Management Systems The Document Management System Potential Features of a Document Management System Hearing Room Systems Interactions between a Document Management System and a Hearing Room System Possible Features of Hearing Room Systems Transcription The Inquiry’s Website Team Communications Other IT Issues to Consider Data Security and Storage Ongoing Technical Support Sending Documents to the Inquiry 5. Protocols, Rulings, Directions and Orders, and Engagement with the Media Introduction Protocols Preparing and Publishing the Protocols Examples of Inquiry Protocols Common Issues to be Considered when Preparing Protocols Internal Protocols and Working Practices Rulings, Directions and Orders: Terminology Engagement with the Media 6. Core Participants What is a Core Participant or an Interested Party? Who can be a Core Participant? Applying for Core Participant Status Challenging a Decision not to Designate Core Participant Status Why be a Core Participant? Advantages and Disadvantages Recognised Legal Representatives Joint Representation Funding A Good Working Relationship: Core Participants and the Inquiry 7. Funding Introduction The Approach to Expenses of Participants to a Public Inquiry The Scope of Awards for Funding Information that must be Included in an Application for Funding Alternative Sources of Funding Joint Representation Publication of Costs of an Inquiry 8. Documentary Evidence Introduction Written Request for Documentary Evidence Statutory Provisions and the Power to Require Disclosure When Might an Inquiry Compel the Production of Documents? Non-Statutory Inquiries Timelines Withholding Documents Opposing a Section 21 Notice Requiring the Production of Documents Admissibility Advance Disclosure by the Inquiry Advantages to Recipients of Advance Disclosure Confidentiality and Advance Disclosure Public Access to Documents Redaction Restriction Orders and Restriction Notices 9. Data Protection Introduction Public Inquiries, Individuals and Organisations as Data Controllers Principles for Processing Personal Data Lawful Basis for Processing Data The Legitimate Interest Assessment (LIA) and Public Inquiries Organisations Engaged by a Public Inquiry as Data Processors Freedom of Information Requests made of a Public Authority and Exemptions 10. Evidence Taking Introduction The Power to Require the Production of Evidence Enforcement of a Section 21 Notice When to Serve a Section 21 Notice? Powers of Non-Statutory Inquiries The Taking of Witness Statements Preparing for a Witness Interview The Witness Interview and Statement Preparation Witness Support Immunities Privilege Medical Evidence and Capacity 11. Oral Evidence and Hearings Introduction Procedure Preliminary Hearings Additional Procedural Hearings Commencing the Inquiry’s Substantive Hearings General Structure of the Substantive Hearings Giving Evidence to the Inquiry Meeting with Witnesses in Advance of Giving Evidence? The Order in Which Witnesses will be Called Putting Written Statements into the Inquiry Record The Role of Counsel to the Inquiry Reviewing Evidence on a Rolling Basis Questioning Witnesses Suggesting Questions to Counsel to the Inquiry Arguments for and against Limiting Questioning to Counsel to the Inquiry Expertise of Core Participants and Interested Parties Managing and Fielding Questions from Core Participants or Interested Parties Time Pressure Public Access and Restriction Notices and Orders Examples of Restriction Orders and Notices Made The Media and Hearings Managing Private and Closed Hearings 12. Assessors, Seminars and Experts Introduction The Role of Assessors Advantages and Disadvantages of Appointing Assessors or Advisers Expert Witnesses Advantages and Disadvantages of using Expert Witnesses Seminars Managing Seminars 7 13. Warning Letters and Rules 13, 14 and 15 Introduction The Salmon Principles, Maxwellisation and the Evolution of Warning Letters Optional and Mandatory Warning Letters Practical Difficulties Associated with Serving Warning Letters before Evidence is Given Are Warning Letters before Evidence is Given Necessary? To Whom Will the Warning Letter be Sent? What does a Warning Letter Contain? Mandatory Warning Letters: What is an ‘Explicit or Significant Criticism’? What Happens aft er a Response is made to a Warning Letter? Confidentiality The Practical Steps to Preserve Confidentiality Future of Rule 13? 14. Preparing and Publishing the Report Introduction What is Included in the Report? 1 Who Writes the Report? Reviews and Checks Number of Recommendations and Public Understanding Publication, Withholding of Information and Laying before Parliament Procedure for Publication of the Report Advance Access to the Report and the Lock-in Procedure Implementation Challenging Decisions 15. Closing Down the Inquiry Introduction Document Retention and Archiving: Planning and Implementation Lessons Learned
£90.25
Bloomsbury Publishing (UK) Administrative Law in Aotearoa New Zealand
Book SynopsisHanna Wilberg is Associate Professor of Law at the University of Auckland, New Zealand.
£44.45
Bloomsbury Publishing PLC Republican Europe
Book SynopsisConstitutional orders constitute political communities – and international orders deriving from them – by managing conflicts that threaten peace. This book explores how a European political community can be advanced through EU constitutional law. The constitutional role of the Union is to ensure peace by addressing two types of conflict. The first are static conflicts of interests between the national polities in the EU. These are avoided by ensuring reciprocal non-interference between Member States in the Union through deregulation in Union law. The second are dynamic conflicts of ideas about positive liberty held by the peoples of Europe. These can be resolved through regulation in a European political space. Here, EU law enables a continuous process of re-negotiating a shared European idea of positive liberty that can be accepted as its own by each national polity in the EU. These solutions to the two types of conflicts correspond to the liberal and republican models for Europe. The claim of this book is that the constitutional design of Europe presents both liberal and republican features. Taking an innovative approach, which draws on arguments from substantive law, constitutional theory, case law analysis, insights from psychology and philosophy, it identifies how best to strengthen the Union through constitutional law.Trade ReviewBy providing a thorough and sharp analysis of the roots of the EU constitutional design, this book elucidates Europe’s crises of governance as very few have done in the past. It is a major contribution to our understanding of the increasingly complex EU machinery. -- Massimo Fichera * Common Market Law Review *Table of ContentsIntroduction 1. Europe in Crises 2. Policy Choices and Constitutional Choices 3. What’s In a Policy? 4. Argument Overview 1. Liberty in the Constitutional Construct of Europe 1. The Constitutional Soul of Europe 2. Legitimacy of the Union and the Paradox of Polity 3. Capturing the Paradox: Voice, Exit and Loyalty 4. The Three Aspects of Liberty 5. Europe’s Love Triangle 6. Europe as a Liberty-Preserving Construct 7. Constitutive Elements of EU Constitutional Order 2. A Union of Polities: Negative Liberty 1. The Nature of Europe’s Union: Non-Interference Between National Polities 2. Non-Interference vs Positive Liberty in EC External Agreements 3. The Boundaries of Europe’s Union: Reciprocity of Commitment 4. Constitutional Dilemma of Internal over External 5. Non-Interference between Member States Prevails over External Positive Liberty 6. The Rights–Admission Dichotomy to Balance Negative and Positive Liberty 7. Integration Through Law or Integration Through Politics? 3. A Political Union: Positive Liberty 1. A New Solution for an Old Problem 2. Emancipation of Politics and the European Political Space 3. Emergence of a European Political Process 4. Constitutional Elements of Post-Lisbon Law 5. Pluralism Under Union Law 4. Conflict in Union Law 1. Conflict as the Object of Union Law 2. Legitimacy of Policy Choices 3. Deciding Who Decides (in) Union Law 4. Demise of the Vertical Balance of Powers 5. From Balance of Powers to Balance of Polities 5. The EU Court and Liberty from Dependence 1. The Triumph of Positive Liberty 2. Liberal Review of a Republican Policy 3. Domination of Mutual Trust and the Faux Virtue of Solidarity 4. The Invisible Liberty 6. Conclusion: Union Law as the Pacifier of Conflicts
£33.24
Bloomsbury Publishing PLC Controlling Immigration Through Criminal Law: European and Comparative Perspectives on Crimmigration
Book SynopsisThis book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.Trade ReviewThe chapters are carefully selected and take up the topic in a very detailed manner. They are well connected and well-tuned, without being overly repetitive. Instead, the reader gains an insightful understanding of international, European, and national legislation at the intersection of criminal and migration law. -- Lisa Marie Borrelli * Criminal Law and Criminal Justice Books *The result of the volume, especially in its most comprehensive and effective chapters, is evident and entirely worthy. * Common Market Law Review *Table of ContentsIntroduction Gian Luigi Gatta, Universita degli Studi di Milano, Italy, Valsamis Mitsilegas, Queen Mary University of London, UK and Stefano Zirulia, Universita degli Studi di Milano, Italy PART I THE CRIMINALISATION OF MIGRATION: FRAMING THE DEBATE 1. Assessing Migration Management and the Role of Criminal Law Elspeth Guild, Queen Mary University of London, UK 2. The Criminalisation of Migration in the Law of the European Union: Challenging the Preventive Paradigm Valsamis Mitsilegas, Queen Mary University of London, UK 3. Global Trends in ‘Crimmigration’ Policies: From the EU to the USA Gian Luigi Gatta, Universita degli Studi di Milano, Italy 4. The Connections between Migration, Crime and Punishment: Historical and Sociological Questions Dario Melossi, Universita di Bologna, Italy 5. Current Trends, Numbers and Routes in EU Migrations: Is Existing Legislation Creating More Irregularity? Maria Giovanna Manieri, European Parliament PART II THE CRIMINALISATION OF MIGRATION: NATIONAL, EUROPEAN AND COMPARATIVE PERSPECTIVES 6. Crimmigration in Spain Jose A Brandariz, University of A Coruna, Spain 7. Ethnicity Based Immigration Checks: Crimmigration and the How of Immigration and Border Control Maartje van der Woude, Leiden University, Netherlands 8. Crimmigration in Greece: A Story of Exceptional Derogations from the Rule of Law within a Permanent Situation of Emergency Nikolaos Chatzinikolaou, Lawyer specialising in Criminal Law, Thessaloniki, Greece 9. Immigration Detention between Law and Practice in Italy: Managing the Border Through Arbitrary Detention Francesca Cancellaro, Universita della Tuscia 10. Detention as a Tool of Immigration and Asylum Enforcement in the EU Justine N Stefanelli, American Society of International Law, USA PART III WHO IS TO BLAME? SMUGGLING, HUMANITARIAN ASSISTANCE AND HUMAN RIGHTS VIOLATIONS IN THE MEDITERRANEAN AREA 11. Is that a Smuggler?: The Blurring Line between Facilitating Illegal Immigration and Providing Humanitarian Assistance at the European Borders Stefano Zirulia, Universita degli Studi di Milano, Italy 12. Reversing the Perspective: Criminal Responsibility of Italian Authorities for Human Rights Violations in Libya? Luca Masera, Universita di Brescia, Italy
£90.25
Bloomsbury Publishing PLC Rule of Law vs Majoritarian Democracy
Book SynopsisWhat is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of ‘people’ and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people’s representation.Table of Contents1. Introduction Giuliano Amato (Italian Constitutional Court) PART I WHAT IS THE RULE OF LAW ABOUT? 2. Rule of Law Between XVIIth and XIXth Century Paolo Alvazzi del Frate and Alberto Torini (Università di Roma Tre, Italy) 3. Rule of Law Metamorphoses in the Twentieth Century Luigi Lacchè (University of Macerata, Italy) 4. Rule of Law and Democracy Dieter Grimm (Wissenschaftskolleg zu Berlin, Germany) 5. EU Rule of Law: The State of Play Following the Debates Surrounding the 2019 Commission’s Communication Barbara Grabowska-Moroz and Dimitry Vladimirovich Kochenov (CEU Democracy Institute) PART II THE PEOPLE 6. The People v. Democracy? The Populist Challenge to Judicial Review Justin Collings (Brigham Young University, USA) 7. Proceduralising the People: Deliberative Democracy, Majority Rule, and the Rule of Law Simone Chambers (University of California at Irvine, USA) 8. Élite vs People Yves Mény (Scuola Superiore Sant’Anna, Italy) 9. The Double Fiction of the People Cesare Pinelli (University of Rome Sapienza, Italy) 10. Stronger Together? Populist (or Non-Populist) Politics of Peoplehood Jan-Werner Müller (Princeton University, USA) 11. Does Illiberal Democracy Exist? Gabor Halmai (European University Institute, Italy) 12. Majority Rule, Democracy, and Populism: Theoretical Considerations Wojciech Sadurski (University of Sydney, Australia) 13. New Technologies at the Service of Deliberative Democracy José Luis Martì (Pompeu Fabra - Barcelona, Spain) PART III DEMOCRACY AND ITS ENEMIES 14. Is Still Democracy the Worst Form of Government Except All Others? Gianfranco Pasquino (Alma Mater Studiorum Bologna, Italy) 15. The Old-Fashioned (or Out of Fashion?) Prohibition on a Binding Mandate Benedetta Barbisan (University of Macerata, Italy) 16. Party Fatigue in European Democracies Piero Ignazi (Alma Mater Studiorum Bologna, Italy) 17. Market Power and Democracy Antonio Cucinotta (University of Messina, Italy) 18. Economic Crisis and Liberal Democracies Moreno Bertoldi and Michele Salvati (University of Milan, Italy) 19. Social Identities, Borders and Majorities Gian Primo Cella (University of Milan, Italy) PART IV ELECTED AND NON ELECTED 20. The Role of Judges in a Representative Democracy Lord Mance (UK Supreme Court) 21. Closely Observed Judges, or the Great Comeback of Authoritarianism in Poland Malgorzata Gersdorf (Supreme Court of Poland) and Mateusz Pilich (University of Warsaw, Poland)
£110.00
Bloomsbury Publishing PLC A Constitutionalist Approach to the European
Book SynopsisThis book presents a new constitutional argument for the legitimacy of evolutive interpretation of the ECHR. It constructs a model, in which evolutive and static constitutional principles are balanced with each other. The author argues that there are three possible interpretive approaches in time-sensitive interpretations of the ECHR, but that only one of them is justifiable by reference to the constitutional principles of the ECHR in every single case. The ECHR’s constitutional principles either require an evolutive or static interpretation or they do not establish a preference relation at all, which leads to a margin of appreciation of the member states in the interpretation of the Convention. The balancing model requires the determination of the weights of the competing evolutive and static constitutional principles. For this purpose, the author defines weighting factors for determining the importance of evolutive or static interpretation in a concrete case.Table of ContentsPART I FUNDAMENTALS 1. On the Concepts of Law and Human Rights I. The Dual Nature of Law II. The Concept of Human Rights 2. A New Concept of Evolutive and Static Interpretation I. Evolutive Interpretation Within a Normative Theory of Interpretation II. Evolutive Interpretation as an Element of the Time Dimension of Interpretation III. Static Interpretation as the Parameter for Evolutive Interpretation 3. The Legitimacy of Evolutive Interpretation Revisited I. Evolutive Interpretation and the ECHR II. Evolutive Interpretation and the Vienna Convention on the Law of Treaties III. Evolutive Interpretation and General Principles of International Law 4. The Criticism against Evolutive Interpretation Revisited I. Democratic Legitimacy of Evolutive Interpretation II. Sovereignty III. Rule of Law PART II THE ECHR CONSTITUTION 5. The Argument of Constitutionalism I. Constitutionalism in the International Realm II. Cosmopolitan Constitutionalism III. Deliberative or Discursive Constitutionalism 6. The Constitutional Nature of the ECHR I. The Constitutional Status of the ECHR’s Judicial Review Mechanism II. Locating the ECHR in the International Constitutionalism Debate 7. Three Basic Constitutional Principles of the ECHR I. The Three Pillars of the Council of Europe as Constitutional Principles II. The Ideal and Real Dimension in the ECHR III. Time Dimension of Interpretation and the Dual Nature of the ECHR PART III BALANCED LEGITIMACY MODEL 8. Setting the Scene for Balancing at the Interpretation Stage I. The Distinction between Rules and Principles II. Connecting Static and Evolutive Interpretation to Formal and Material Principles III. Balancing in the Different Stages of Law Application IV. Balancing of Interpretive Canons 9. The Balancing Model for Evolutive and Static Interpretation I. Basic Ideas on the Balancing Model II. Critical Aspects of Balancing in Human Rights Interpretation III. Internal Structure of the Balancing Model IV. Weight Formula 10. External Justification I. How to Accord Weights in the ECHR? II. Weighting Rules in the Time Dimension of Interpretation III. The Epistemic Reliability of the Underlying Premises PART IV THE BALANCED LEGITIMACY MODEL APPLIED 11. The Right to Divorce I. Facts of the Case II. Time Dimension of Interpretation III. The ECtHR’s Reasoning IV. The Balancing of Static and Evolutive Interpretation V. The Legitimacy of the Evolutive Approach to Interpretation 12. The Right to Assisted Suicide I. Facts of the Case II. Time Dimension of Interpretation III. The ECtHR’s Reasoning IV. The Balancing of Static and Evolutive Interpretation V. The Legitimacy of the Static Approach to Interpretation 13. The Right to Preservation of the Environment I. Facts of the Case II. Time Dimension of Interpretation III. The ECtHR’s Reasoning IV. The Balancing of Static and Evolutive Interpretation V. A Stalemate Case
£85.50
Bloomsbury Publishing PLC Sceptical Perspectives on the Changing
Book SynopsisThis book examines the far-reaching changes made to the constitution in the United Kingdom in recent decades. It considers the way these reforms have fragmented power, once held centrally through the Crown-in-Parliament, by means of devolution, referendums, and judicial reform. It examines the reshaping of the balance of power between the executive, legislature, and the way that prerogative powers have been curtailed by statute and judicial ruling. It focuses on the Human Rights Act and the creation of the UK Supreme Court, which emboldened the judiciary to limit executive action and even to challenge Parliament, and argues that many of these symbolised an attempt to shift the ‘political’ constitution to a ‘legal’ one. Many virtues have been ascribed to these reforms. To the extent that criticism exists, it is often to argue that these reforms do not go far enough. An elected upper chamber, regional English parliaments, further electoral reform, and a codified constitution are common tonics prescribed by commentators from this point of view. This volume adopts a different approach. It provides a critical evaluation of these far-reaching reforms, drawing from the expertise of highly respected academics and experienced political figures from both the left and right. The book is an invaluable source of academic expertise and practical insights for the interested public, students, policymakers, and journalists, who too often are only exposed to the ‘further reform’ position.Table of ContentsIntroduction - The Case for the Political Constitution, Richard Johnson (Queen Mary, University of London, UK) and Yuan Yi Zhu (University of Oxford, UK) Part I : The Political Constitution and the Law 1. A (Brief) Case Against Constitutional Supremacy, Brian Christopher Jones (University of Sheffield, UK) 2. Judicial Encroachment on the Political Constitution?, Carol Harlow KC (LSE, UK) 3. Legislative Freedom and Its Consequences, Richard Ekins (University of Oxford, UK) 4. A Great Forgetting: Common Law, Natural Law, and the Human Rights Act, Michael Foran (University of Glasgow, UK) 5. Law and Politics: The Nightmare and the Noble Dream, Rt Hon Sir Robert Buckland KC MP (Lord High Chancellor of Great Britain, 2019-21) Part II: Westminster and Whitehall 6. The Fixed-term Parliaments Act 2011: Out, Out Brief Candle, Robert Craig (University of Bristol, UK) 7. Reform of the House of Commons: A Sceptical View on Progress, Tony McNulty (Queen Mary, University of London, UK) 8. The House of Lords: A Sceptical View of Big Bang Reform, Philip Norton, Lord Norton of Louth (Hull, UK) 9. Accountability and Electoral Reform, Jasper Miles (Queen Mary, University of London, UK) 10. Delegated Legislation in an Unprincipled Constitution, Hayley Hooper (University of Oxford, UK) 11. A Defence of the Dual Legal-Political Nature of the Attorney General for England and Wales, Conor Casey (University of Liverpool, UK) 12. The Public Appointments System, John Bowers KC (University of Oxford, UK) 13. Standards and the British Constitution, Gillian Peele (University of Oxford, UK) Part III: Beyond Westminster and Whitehall 14. Devolving and Not Forgetting, Vernon Bogdanor (King’s College London, UK) 15. Scottish Secession and the Political Constitution of the UK, Peter Reid and Asanga Welikala (both of University of Edinburgh, UK) 16. Northern Ireland’s Constitutional Position in the UK, Kate Hoey, Baroness Hoey of Lylehill and Rathlin (Chair of the Northern Ireland Select Committee, 2019) 17. The European Union and the British Constitution, Joanna George (University of Cambridge, UK) & Rt Hon Gisela Stuart, Baroness Stuart of Edgbaston (Chair of Vote Leave) 18. Against (Many Kinds of) Representation, Richard Tuck (University of Harvard, USA)
£100.00
Bloomsbury Publishing (UK) Artificial Intelligence and Public Law
Book SynopsisThe Government''s use of algorithmic-based decision-making is rapidly expanding across policy areas, including immigration, social security, regulation, security and policing. This book provides the first comprehensive analysis of how public law applies to the use of artificial intelligence and automation in the public sector in England and Wales. Starting with an accessible account of the nature of AI and automated systems being increasingly deployed in the public sector, the book covers the various legal regimes which regulate their use. It considers how the principles of judicial review might be deployed to challenge automated decision-making by public authorities. It also explains how equality law, human rights law, procurement law, data protection law and private law apply to government use of AI and automation. This book is a vital guide for practitioners in both private practice and government, and for anyone navigating this quickly changing, complex and uncertain environment.
£126.00
Bloomsbury Publishing PLC Big Data for the Public Good
Book SynopsisCan researchers and innovators use UK public sector data to produce knowledge that improves policy making, scrutinises government work and promotes the public interest?This book looks at interactions between UK public sector officials and researchers/innovators to shed light on barriers to data access and use. It asks: what are the frameworks that govern access to public sector big datasets for researchers and innovators? How are these frameworks applied in practice? What are the governance solutions for policy makers interested in harnessing the untapped potential of public sector big data to improve their policies and create public benefit? Public sector data is a valuable resource that can help researchers and innovators create knowledge and solutions that benefit society. As public bodies collect increasingly more data about us, UK policy makers try to maximise the use of public sector big data for the benefit of the public. But accessing this data is not easy. There are many legal, technical, and ethical barriers that prevent the use of public sector data for research and innovation. This book is for researchers and innovators who want to understand and overcome the barriers to accessing UK public sector data. It is also for policy makers who are interested in how public sector data can be used to improve decision-making, scrutinise government work, and promote the public interest.
£85.00
Bloomsbury Publishing PLC Revolutionary Constitutionalism: Law, Legitimacy, Power
Book SynopsisThis book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman’s path-breaking book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to the contributors’ essays. Some advance Ackerman’s theory, others attack it, and still others refine it – but all agree that the ideas in his book reset the terms of debate on the most important subjects in constitutionalism today: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical ‘people’ have spoken. A must-read for all interested in the current state of constitutionalism.Trade ReviewThe contributions to this excellent volume mount a formidable critique of the thesis Ackerman advances … this collection itself makes an important contribution to comparative constitutional law. -- Tom Mullen, University of Glasgow * The Edinburgh Law Review *Table of ContentsIntroduction: A Global Tour of Constitutionalism Richard Albert 1. A Political, not a Legal History of the Rise of Worldwide Constitutionalism Dieter Grimm PART I THE LEGITIMATING FOUNDATIONS OF REVOLUTIONARY CONSTITUTIONALISM 2. A Defence of Non-representational Constitutionalism: Why Constitutions Need not be Representational Alon Harel 3. Constitutionalism and Society: Ackerman on Worldwide Constitution-Making and the Role of Social Forces Denis Baranger 4. Bruce Ackerman’s Theory of History Roberto Gargarella 5. Constitutionalism and the Predicament of Postcolonial Independence Aziz Rana 6. Revolution on a Human Scale: Liberal Values, Populist Theory? Andrew Arato PART II CONSTITUTIONAL EVOLUTIONS AND TRANSFORMATIONS 7. Charismatic Fictions and Constitutional Politics Tom Ginsburg 8. Uncharismatic Revolutionary Constitutionalism Stephen Gardbaum 9. Unconventional Adaptation and the Authenticity of the Constitution Alessandro Ferrara 10. Constitutional Revolution, Legal Positivism and Constituent Power Yasuo Hasebe 11. The Traditions of Constitutional Change Richard Albert PART III THE FUTURE OF EUROPE 12. Constitutional Crossroads: A View from Europe Neil Walker 13. How Europe Brought Judicial Review to France: A Response to Bruce Ackerman Daniel Halberstam 14. Constituting the Judiciary, Constituting Europe Mitchel Lasser PART IV THE LAW AND POLITICS OF REVOLUTION 15. Sustaining Revolutionary Constitutions: From Movement Party to Movement Court Menaka Guruswamy 16. The Italian Constitution as a Revolutionary Agreement Marta Cartabia 17. Constitutional Strategy for a Polarised Society: Learning from Poland’s Post-revolutionary Misfortunes Maciej Kisilowski 18. Choosing to Have Had a Revolution: Lessons from South Africa’s Undecided Constitutionalism James Fowkes 19. The Race against Time Bruce Ackerman
£34.88
Bloomsbury Publishing (UK) The European Ombudsman Investigated
Book SynopsisThis book is a seminal study of the European Ombudsman, focusing on current challenges and future developments by its leading expert commentators.This open access volume traces the evolution of the European Ombudsman over its first almost three decades. Its focus however lies on the current challenges and future perspectives of this ever-innovative EU institution. It brings together leading voices from academia, EU institutions, civil society, and the European Ombudsman's office. It highlights developments and future potential in several salient fields, from data infrastructure and digital platforms over environmental protection and border protection agencies to revolving doors and industry lobbying. The collection's breadth of study and depth of expertise will mean this is required reading for scholars of EU law, from both a constitutional and consumer law perspective.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the European University Institute.
£85.50
Manchester University Press Critical Theory and Legal Autopoiesis: The Case
Book SynopsisThis volume collects and revises the key essays of Gunther Teubner, one of the world’s leading sociologists of law. Written over the past twenty years, these essays examine the ‘dark side’ of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner's claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.Trade Review‘For a number of years now Gunther Teubner has been one of the most important and visible figures in the sociology of law. His concept of “societal constitutionalism” has largely shaped the perspective of constitutional sociology. In these essays he deploys the heuristic power of systems theory to argue against a purely political constitutionalism and in favour of re-conceiving constitutionalisation across social fields. The collection represents a highly significant contribution to one of the key theoretical debates of our time.’Emilios Christodoulidis, Chair of Jurisprudence, School of Law, University of Glasgow -- .Table of ContentsIntroduction: Gunther Teubner’s foundational paradox - Andreas Philippopoulos-MihalopoulosPart I: Law, literature and deconstruction1 Self-subversive justice: contingency or transcendence formula of law?2 The economics of the gift – the positivity of justice: the mutual paranoia of Jacques Derrida and Niklas Luhmann3 Dealing with paradoxes of law: Derrida, Luhmann, Wiethölter4 The Law before its law: Franz Kafka on the (im)possibility of Law’s self-reflectionPart II: Juridical epistemology: reconstructing the horizontal effects of human rights, the private-public dichotomy, and contracting5 The anonymous matrix: human rights violations by ‘private’ transnational actors6 After privatisation? The many autonomies of private law7 In the blind spot: the hybridisation of contractingPart III: The dark side of functional differentiation: the normative response of societal constitutionalism8 A constitutional moment? The logics of ‘hitting the bottom’9 Global Bukovina: legal pluralism in the world society10 Regime-collisions: the vain search for legal unity in the fragmentation of global law11 Horizontal constitutional rights as conflict-of-laws rules: how transnational pharmaceutical groups manipulate scientific publications12 The project of constitutional sociology: irritating nation state constitutionalism13 Exogenous self-binding: how social subsystems externalise their foundational paradoxes in the process of constitutionalisationAfterword: the milestones of Teubner’s neo-pluralism - Alberto FebbrajoIndex
£999.99
Manchester University Press Governing Britain: Parliament, Ministers and Our
Book SynopsisWho governs Britain? Is Parliament sovereign? Who chooses the Prime Minister? And who enforces the rules?The United Kingdom is in the throes of political and constitutional conflict. Tensions between different Westminster and Holyrood, and between the UK and the European Union, are part of a wider picture of constitutional flux. The United Kingdom is one of only three nations that does not have the principal provisions of the organs of state, nor is how they relate to one another and to the citizen embodied in a single document. Devolution and Brexit have given rise to calls for a codified constitution, but the debate has taken place against a background of confusion and uncertainty as to existing constitutional arrangements. We must first understand what already exists and how our constitution works today. This deeply informed and elegantly written book addresses the problems that have arisen in the context of the greatest political crisis our country has faced in decades.Trade Review‘If the last few years have shown us anything, it is that we need to understand the British constitution, yet that too few of us do. This excellent book guides the reader through a dozen key constitutional debates. It should be read by all those be interested in how we are governed – and especially by those who want to do the governing.’ Philip Cowley, Professor of Politics, Queen Mary University of London‘Philip Norton has written a much-needed, clear and judicious guide to the complexities of our constitutional arrangements, and the stresses placed on them by devolution, Brexit and judicial review. It carries the authority one would expect from a formidable scholar and a participant-observer of parliament in action.’Sir Ivor Crewe, Master of University College, Oxford‘No one knows more about Parliament than Philip Norton. I can think of very few books that are more timely than this clear, concise and popular exposition of some of the most important issues in the British Constitution.’ Matt Qvortrup, Professor of Political Science, Coventry University‘Majestic and enthralling. Philip Norton’s insightful analysis provides a lucid account of the workings and evolution of the Constitution. Bridging legal and political science, he explains how the Constitution comes together, where it may work best and how constitutional reforms might best be considered. Highly topical and extremely relevant.’ John McEldowney, Professor of Law, University of Warwick -- .Table of Contents1 Britain’s uncodified constitution 2 Constitutional twin pillars: does parliamentary sovereignty trump the rule of law?3 Constitutional conventions: when is a convention not a convention?4 The constitution, the EU and Brexit: who governs?5 Parliament and referendums: direct or representative democracy?6 Parliament and the courts: strangers, foes or friends?7 The law of Parliament: who polices the rules?8 Fixed-term Parliaments: fixed or not so fixed?9 Choosing, and removing, a Prime Minister: who decides?10 A deputy to the Prime Minister: a deputy but not a successor?11 Ministerial responsibility: responsibility for what?12 Devolution: a disunited union?NotesBibliographyIndex
£19.70
The New Press The People’s Constitution: 200 Years, 27
Book SynopsisThe 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.Trade ReviewPraise for The People's Constitution:“With a focus on the people and strategies that changed a nation by changing its Constitution, the book offers an insightful and captivating description of the country’s popular movements and the incredible challenges posed by the amendment process.”—Caroline Fredrickson, Washington Monthly “Readers at all levels interested in the Constitution’s history and future should find this work thoughtful and instructive.”—Library Journal “Legal scholars Kowal and Codrington debut with a rigorous yet accessible history of how the U.S. Constitution has been made ‘more democratic, more inclusive, and more responsive to the needs of a changing country’ through its amendments. . . . Incisive character profiles, brisk historical sketches, and lucid analyses of legal and political matters make this a fresh and invigorating take on the history of American democracy.”—Publishers Weekly“I’ve been waiting for someone to write this book for a long time. Professors Kowal and Codrington have done a remarkable public service by showing America what our Constitution really means and how it has come about. It is hard to think of a more patriotic act of scholarship than what is contained in these pages.”—Congressman Jamie Raskin“The People’s Constitution is a fascinating story of how we changed our founding document through the difficult amendment process. It’s also a reminder that since 1787, popular movements have led the country to embrace democratic innovation and push through changes that made our nation more just and more equal—and our governing process more broadly participatory.”—E.J. Dionne Jr., author of Our Divided Political Heart and co-author of 100% Democracy “A carefully researched deep dive into America’s founding document and its amendments, The People’s Constitution injects color and life into constitutional history. At a time when so much of the American experiment seems precarious, The People’s Constitution is an urgent and necessary reminder of the promise—and challenges—of sustaining a government for and by the people.”—Melissa Murray, Frederick I. and Grace Stokes Professor of Law, New York University School of Law“Kowal and Codrington forcefully remind us that the Constitution must be understood not as it was written in 1787, but through the lens of how it has been amended.”—Erwin Chemerinsky, dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of Law “A fine, accessible overview of American constitutional development . . . at once inspiring and chastening, underscoring the importance of establishing a true ‘People’s Constitution’ that responds to the new challenges that emerge over time.”—Sanford Levinson, co-author (with Cynthia Levinson) of Fault Lines in the Constitution“The People’s Constitution . . . helps us understand that, whether for good or ill, the expressions of popular will through constitutional amendments may well alter the course of American democracy in the 21st century.”—Russ Feingold, president, American Constitution Society, and former U.S. senator from Wisconsin“A crucial antidote to the spurious claim that the Constitution is frozen in time . . . the authors make it possible for us to imagine and embrace a struggle for a Fourth Founding in our time, rooted in social justice.”—Burt Neuborne, Norman Dorsen Professor of Civil Liberties at NYU and author of When at Times the Mob Is Swayed and Madison’s Music
£31.81
Georgetown University Press A Pocket Guide to the US Constitution: What Every
Book SynopsisThe Constitution is not so simple that it explains itself—nor so complex that only experts can understand it. In this accessible, nonpartisan quick reference, historian Andrew Arnold provides concise explanations of the Constitution's meaning and history, offering little-known facts and anecdotes about every article and all twenty-seven amendments. This handy guide won’t tell you what the Constitution ought to say, nor what it ought to mean. It will tell you what the Constitution says and what it has meant. A Pocket Guide to the US Constitution presents a straightforward way to understand the American Constitutional system. Without wading through lengthy legal prose, heavy historical analysis, or polemical diatribes, you can easily find out what the emoluments clause means, learn about gerrymandering and separation of powers, or read a brief background on why slaves in colonial America were considered 3/5 of a person. Small enough to put in your pocket, backpack, or briefcase, A Pocket Guide to the US Constitution can be used to comprehend current events, dig deeper into court cases, or sort out your own opinions on constitutional issues.Table of ContentsPreface to the Second EditionNote to the Reader Constitution and Amendments I. Structure and Preamble “We the people. . .”Preamble II. Three Branches of Government Article 1. LegislativeArticle 2. ExecutiveArticle 3. Judiciary III. Limitations on State SovereigntyArticle 4. States IV. Ratification, Amending, and National SupremacyArticle 5. Amending the ConstitutionArticle 6. National SupremacyArticle 7. Ratification Process V. Amendments1-10. Bill of Rights11-12. Early Refinements13-15. Civil War Amendments16-19. Progressive Era20-22. New Deal and Post-World War II23-27. Most Recent Conclusion AcknowledgmentsBibliographyIndex
£9.81
LEG Inc. (dba West Academic Publishing Gay Rights and the Constitution: Cases and
Book SynopsisConsiderably shorter than other casebooks, this accessible and engaging title focuses on the controversies over constitutional interpretation leading up to the United States Supreme Court's holdings in Lawrence v. Texas (2003) and Obergefell v. Hodges (2015): namely, that the Constitution's commitments to liberty and equal protection encompass rights of same-sex intimacy and marriage. It also takes up emerging conflicts between protection of constitutional rights for gay men and lesbians, on the one hand, and First Amendment claims of freedom of association and religious liberty by persons who oppose protection of such rights, on the other. This book will be suitable as either the basic text of a one-semester course or as a supplementary text for courses in civil liberties.With five original scholarly essays written by esteemed constitutional scholars, this book looks beyond judicial doctrine and asks whether the current constitutional status of gay rights is consistent with principles that trace back to the American Founding and the Civil War Amendments and that continue to animate American politics.
£59.40
Rowman & Littlefield Code of Federal Regulations Title 42 Public Health 1399 Revised as of October 1 2023
Book SynopsisTitle 42 presents regulations that apply to: medical personnel; medical care and examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare and medical assistance programs; and standards and certification of facilities and services. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months. ,
£49.40
Rowman & Littlefield Code of Federal Regulations TITLE 45 PUBLIC WELFARE 1139 Revised as of October 1 2023
a huge range and FREE tracked UK delivery on ALL orders.
£47.50
Rowman & Littlefield Code of Federal Regulations TITLE 45 PUBLIC WELFARE 140199 Revised as of October 1 2023
a huge range and FREE tracked UK delivery on ALL orders.
£43.70
Rowman & Littlefield Code of Federal Regulations TITLE 45 PUBLIC WELFARE 200499 Revised as of October 1 2023
Book SynopsisTitle 42 presents regulations that apply to: medical personnel; medical care and examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare and medical assistance programs; and standards and certification of facilities and services. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months. ,
£23.75
Rowman & Littlefield Code of Federal Regulations Title 46 Shipping 4169 Revised as of October 1 2023
a huge range and FREE tracked UK delivery on ALL orders.
£33.25
Rowman & Littlefield Code of Federal Regulations TITLE 46 SHIPPING 7089 Revised as of October 1 2023
a huge range and FREE tracked UK delivery on ALL orders.
£12.99
Bloomsbury Academic Code of Federal Regulations Title 49 Transportation 10001199 Revised as of October 1 2023
Book SynopsisThe CFRs are authored by the Office of the Federal Register.
£27.20
Georgetown University Press The Triumph of Fear
Book SynopsisA history with surprising new revelations about the depths of government surveillance and constitutional rights abusesIn the nineteenth and twentieth centuries, anarchist and socialist political movements spurred the expansion of nascent US federal surveillance capabilities. But it was the ensuing, decades-long persistent exaggerations of domestic political threats that drove an exponential increase in the size and scope of unlawful government surveillance and related political repression, which continue to the present. The Triumph of Fear is a history of the rise and expansion of surveillance-enabled political repression in the United States from the 1890s to 1961. Drawing on declassified government documents and other primary sources, many obtained via dozens of Freedom of Information Act lawsuits and analyzed for the first time, Eddington offers historians, legal scholars, and general readers surprising new revelations about the depths of government surveillance programs and how this domestic spying helped fuel federal assaults on free speech and association.
£34.20
Bloomsbury Publishing PLC National and Regional Parliaments in the EU-Legislative Procedure Post-Lisbon: The Impact of the Early Warning Mechanism
Book SynopsisMuch has changed in European constitutional law after the Lisbon Treaty, not least the efforts to increase democratic legitimacy by engaging national legislatures and introducing a stricter subsidiary review process, namely the Early Warning Mechanism (EWM). This collection looks at how national parliaments have adapted to their new roles and looks at how the new system has impacted on relations between the EU legislative bodies and national parliaments. A team of experts from across Europe explore the effect of the EWM on the national constitutional orders; analyse the regional impact of EWM and evaluate the new system of scrutiny.Trade Review... the edited collection reviewed here is able to add significant value to the existing field through its unified approach and its in-depth analysis ... We may like the idea of national parliaments, but if in reality this is left to a small body of people and mainly conducted through administrative tasks, to what extent can we speak of this as improving democratic legitimacy? This book contributes to our understanding of these important questions through its rigorous analysis of the mechanism’s use in practice. -- Andrew Woodhouse * Common Market Law Review *This edited volume represents an engaging reflection on the evolution of [the early warning mechanism], and it usefully updates the abundant existing literature on this matter. It thoughtfully combines a more general critique of the EWM with a comparative analysis of the legal and political dimensions of its practical functioning. -- Davor Jancic, Queen Mary University of London * European Law Review *Table of Contents1. Introduction Anna Jonsson Cornell and Marco Goldoni Part I: Subsidiarity Review—Goals Achieved and Future Challenges 2. Is the Early Warning Mechanism a Legal or a Political Procedure? Three Questions and a Typology Ian Cooper 3. Reconstructing the EWM? Jörgen Hettne 4. Mapping out the Procedural Requirements for the Early Warning Mechanism Anna Wetter 5. Interparliamentary Cooperation between National Parliaments Bruno Dias Pinheiro Part II: Regional Parliaments 6. Regional Parliaments and the Early Warning System: An Assessment and Some Suggestions for Reform Diane Fromage 7. A New Player in the ‘Multi-Level Parliamentary Field’. Cooperation and Communication of Regional Parliaments in the Post-Lisbon Scenario Karolina Boronska-Hryniewiecka 8. Italian Regional Councils and the Positive Externalities of the Early Warning Mechanism for National Constitutional Law Cristina Fasone 9. Belgian Parliaments and the Early Warning System Werner Vandenbruwaene and Patricia Popelier Part III: The Early Warning Mechanism in National Constitutional Orders 10. Similar but Different—Comparing the Scrutiny of the Principle of Subsidiarity within the EWM in Denmark, Finland and Sweden Anna Jonsson Cornell 11. The Scrutiny of the Principle of Subsidiarity in the Procedures and Reasoned Opinions of the Italian Chamber and Senate Nicola Lupo 12. Speaking with One Voice? The French Parliament’s Use of the EWM Angela Tacea 13. Parliamentary Scrutiny of EU Affairs by the UK Parliament: The Primacy of Ministerial Accountability Adam Cygan 14. Able and Willing? Early Warning System and Political Dialogue in the Bundestag and the Nationalrat Katrin Auel 15. Like Two Peas in a Pod? The Functioning of the Early Warning Mechanism in the Czech Republic and Poland Katarzyna Granat 16. The Trajectory of the Early Warning Mechanism Marco Goldoni and Anna Jonsson Cornell
£95.00
Intersentia Ltd Fundamental Rights Violations by Private Actors
Book SynopsisArticle 34 of the European Convention on Human Rights prescribes that individual applications must be directed against one of the Convention States. Consequently, private actors involved in proceedings against other private actors before domestic courts must complain about State (in)action in their application to the European Court of Human Rights. In other words, originally ?horizontal? conflicts must be ?verticalised? in order to be admissible. Although such verticalised cases make up a large portion of the Court?s case law, the particular nature of these cases, as well as procedural issues that may arise in them, has not received much attention. To fill this gap, this book offers a detailed examination of verticalised cases coming before the Court. The characteristics of and the Court?s approach to verticalised cases are explored by means of an in-depth analysis of four types of verticalised cases (cases related to one?s surroundings; cases involving a conflict between the right to reputation and private life and the right to freedom of expression; family life cases; and employer-employee cases). On the basis of this analysis, it is argued that the Court?s current approach to verticalised cases poses problems for private actors, Convention States and the Court itself. In presenting recommendations for the resolution of these problems, the book concludes with a proposal for a new approach to verticalised cases, consisting of a redesigned third-party intervention procedure.
£80.75
Bloomsbury Publishing PLC The Constitution of India: A Contextual Analysis
Book SynopsisThis book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world’s longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India’s existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution’s principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.Trade Review... unlike other legal scholarship, the book is written in crisp language. Anyone seriously interested in the working of India’s institutions must not miss this one. -- Apurva Vishwanath * The Print *[T]hough the book is written for the international audience, it is of equal interest to accomplished Indian constitutional scholars... It is a smooth read, sustaining continued interest in going through it. For all these qualities of the book the author must be congratulated. -- Dr Mahendra Pal Singh * Socio-Legal Review *The Hart/Bloomsbury series on contextual analyses of national constitutions has been going from strength to strength. The present volume, focusing on India, offers an accessible introduction to one of the longest and most amended constitutions in the world. * The Commonwealth Lawyer *This book is a recommended read for academics of constitutional law, students, researchers and anyone who is keen to understand the underpinnings of the Indian constitutional system. It introduces the reader to the rollercoaster ride of India’s constitutional journey through darker times. Woven together in a narrative form and written in accessible prose, it keeps the reader engaged throughout. -- Sania Ismailee * LSE Review of Books *Thiruvengadam’s book is a valuable resource for students and scholars of constitutional law, especially those keen on understanding the subject beyond the realm of the courts. -- Chintan Chandrachud * Public Law *Thiruvengadam casts his net beyond a small set of constitutional provisions that are usually discussed and throws welcome light on the history of these provisions … [He] provides an excellent introduction to the Constitution … [and] also has a welcome chapter on constitutional change and the practice of constitutional amendment. -- Ronojoy Sen, National University of Singapore * Pacific Affairs *Table of ContentsINTRODUCTION I. The Constitution of India and Its Special Significance II. Approach and Orientation of the Book III. Brief Outline of Chapters 1. ORIGINS AND CRAFTING OF THE CONSTITUTION I. Introduction II. The Mughals and the East India Company (1550–1857) III. The British Raj and Colonial Forms of Constitutional Government (1858–1947)—A Bird’s Eye View IV. The Nationalist Movement and the Build-up of Attempts at Constitution Making (1895–1947)—A Worm’s Eye View V. Crafting a Constitution for Independent India: The Work of the Constituent Assembly VI. Conclusion Further Reading 2. THE EXECUTIVE AND PARLIAMENT I. Introduction II. Brief Overview of Relevant Constitutional Provisions III. Pre-history, Colonial Experiences and Debates within the Constituent Assembly IV. Brief Overview of Evolution of the Indian Political Landscape through the Prism of Electoral Results and Party Politics V. The Changing Role of Parliament in Indian Constitutional Democracy VI. Significant Judicial Pronouncements on Constitutional Provisions Relating to the Executive and Parliament VII. Conclusion Further Reading 3. FEDERALISM AND LOCAL GOVERNMENT I. Introduction II. The Colonial Period and Its Influence on Later Constitutional Developments Relating to Federalism and Local Government III. Understanding the Centralising Bias within the Constituent Assembly IV. The Structure and Content of Provisions in the Indian Constitution on Federalism and their Evolution Over Time V. The Structure and Content of Provisions in the Indian Constitution on Local Government and their Evolution Over Time VI. Conclusion Further Reading 4. FUNDAMENTAL RIGHTS, DIRECTIVE PRINCIPLES AND THE JUDICIARY I. Introduction II. Relevant Constitutional Provisions: Textual Categorisation and Analysis III. The Constitutional History of Provisions Relating to Fundamental Rights, Directive Principles and the Judiciary IV. The Supreme Court and Its Role as Guardian of the Rights Provisions (1950–2016) V. The Crisis of Backlog and Delay in the Indian Judiciary VI. Conclusion Further Reading 5. TECHNOCRATIC CONSTITUTIONAL INSTITUTIONS I. Introduction II. Reflecting on the Motivations of the Framers for Entrenching Technocratic Constitutional Institutions III. The Office of the Comptroller and Auditor General IV. The Election Commission of India V. The Introduction of New Regulatory Institutions in the Aftermath of the Constitutional Moment of 1991 VI. Conclusion Further Reading 6. CONSTITUTIONAL REGULATION OF INDIA’S MULTIPLE IDENTITIES I. Introduction II. Relevant Constitutional Provisions III. Relevant Constitution-making History IV. Post-independence Evolution of the Law on the Markers of Indian Identity V. Conclusion Further Reading 7. CONSTITUTIONAL CHANGE I. Introduction II. Relevant Constitutional Provisions and Constitutional History III. Constitutional Practice in Relation to the Amending Power in India: An Overview and Analysis of Trends (1950–2016) IV. Constitutional Interpretation as a Source of Constitutional Change V. Constitutional Change through Constitutional Moments VI. Conclusion Further Reading CONCLUSION I. Introduction II. A Brief Overview of Prime Minister Modi’s Tenure (2014–17) through a Constitutional Lens III. Assessing India’s Constitutional Trajectory Across Seven Decades (1947–2017) IV. Concluding Reflections Further Reading
£24.69
Bloomsbury Publishing PLC The Constitution of the United States of America:
Book SynopsisThis is the second edition of Professor Tushnet’s short critical introduction to the history and current meaning of the United States’ Constitution. It is organised around wo themes: first, the US Constitution is old, short, and difficult to amend. Second, the Constitution creates a structure of political opportunities that allows political actors, icluding political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Deploying these themes to examine the structure f the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way he US constitutional system has developed and what it means today.Trade Review...worthy of the highest recommendation for public and college library judicial studies shelves. * Midwest Book Review: Library Bookwatch *Table of ContentsINTRODUCTION 1. AN OVERVIEW OF THE HISTORY OF THE US CONSTITUTION From the Revolution to the Bill of Rights The Early National Period The Crisis over Slavery and the Civil War The Late Nineteenth Century and the Growth of the Modern State The New Deal Crisis and the New Constitutional Regime From the Reagan Revolution to the Present Conclusion Further Reading 2. THE CONSTITUTIONAL POLITICS OF THE LEGISLATIVE BRANCH Congress: Its Basic Structure and Roles The American Party System Political Parties and the Written Constitution Conduct of Elections Legislative Districting and Gerrymandering Candidate Selection and Gerrymandering Campaign Financing Constitutional Politics within Congress Conclusion Further Reading 3. THE CONSTITUTIONAL POLITICS OF THE EXECUTIVE BRANCH The President as Party Leader The President’s Role in Legislation The Unitary Executive and the Modern Administrative State The Unitary Executive in Foreign Affairs Conclusion Further Reading 4. THE CONSTITUTIONAL POLITICS OF THE JUDICIAL BRANCH Judicial Selection Judicial Review and Judicial Supremacy Political Constraints on the Jurisdiction of the Federal Courts Doctrinal Constraints on the Jurisdiction of the Federal Courts Standing Conclusion Further Reading 5. FEDERALISM AND THE REACH OF NATIONAL POWER State Governments and the US Constitution The Emergence of (Nearly) Plenary National Power The So-Called ‘Federalism Revolution’ of the 1990s and Beyond Federalism and the Spending Power Conclusion Further Reading 6. THE SUBSTANCE OF INDIVIDUAL RIGHTS UNDER THE CONSTITUTION The Starting Point Pragmatic and Realist Critiques The New Deal Reconstruction The Emergence of Modern Liberalism: Autonomy and Accommodation Lawyers and Rights Litigation: The Development of Support Structures Political Parties and Social Movements From Congress to the Courts: The Venues for Rights Protection The ‘Backlash’ Thesis Constitutional Rights in the Twenty-First Century Further Reading 7. THE PROCESSES OF CONSTITUTIONAL CHANGE Formal Amendments Substance Constitutional Interpretation as a Mechanism of Constitutional Change Interpretive Methods: An Introduction Conclusion Constitutional Moments and Constitutional Change Constitutional Moments Concluding Thoughts Further Reading
£23.74
Bloomsbury Publishing PLC The Use of Foreign Precedents by Constitutional
Book SynopsisIn 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts. The collected data for each jurisdiction makes for engaging reading. It reveals details of the extent of visible (and sometimes implied) comparative activity that each of the courts displays in its jurisprudence ... we now have a clearer picture of how some of the most prominent constitutional courts deal (or desist from dealing) with comparable judgments in other countries. François Venter, International Journal of Constitutional Law, Vol. 12, no 1, January 2014 The volume ... represents a refreshing approach to complex questions raised in debates about constitutional borrowing, transjudicial communication, or the migration of constitutional ideas ... The Use of Foreign Precedents by Constitutional Judges will be essential reading for scholars seeking to refresh the debates about using foreign law. Hélène Tyrrell, Public Law, April 2014Trade ReviewThe collected data for each jurisdiction makes for engaging reading. It reveals details of the extent of visible (and sometimes implied) comparative activity that each of the courts displays in its jurisprudence. It also amounts to an assessment of the successes and shortcomings of the use of foreign precedent (in terms of the level of reciprocal influence of well-functioning constitutional systems) by judges that are more or less inhibited by their judicial culture to do so…The editors’ concluding chapter conveniently provides the reader with a comparative overview, both of the quantitative and qualitative results of the country reporters, and a tentative perspective on the future of comparative judicial practice in constitutional cases…The purpose and goals of the project are met by the book: we now have a clearer picture of how some of the most prominent constitutional courts deal (or desist from dealing) with comparable judgments in other countries. -- François Venter * International Journal of Constitutional Law, Vol. 12, no 1 *Table of ContentsIntroduction. The Methodology of the Research: How to Assess the Reality of Transjudicial Communication? Tania Groppi and Marie-Claire Ponthoreau Part I 1. Reference to Foreign Precedents by the Australian High Court: A Matter of Method Cheryl Saunders and Adrienne Stone 2. Canada: Protecting Rights in a 'Worldwide Rights Culture'. An Empirical Study of the Use of Foreign Precedents by the Supreme Court of Canada (1982–2010) Gianluca Gentili 3. India: A 'Critical' Use of Foreign Precedents in Constitutional Adjudication Valentina Rita Scotti 4. The Supreme Court of Ireland and the Use of Foreign Precedents: The Value of Constitutional History Cristina Fasone 5. Israel: Creating a Constitution—The Use of Foreign Precedents by the Supreme Court (1994–2010) Suzie Navot 6. Namibia: The Supreme Court as a Foreign Law Importer Irene Spigno 7. South Africa: Teaching an 'Old Dog' New Tricks? An Empirical Study of the Use of Foreign Precedents by the South African Constitutional Court (1995–2010) Christa Rautenbach Part II 8. Austria: Non-cosmopolitan, but Europe-friendly—The Constitutional Court's Comparative Approach Anna Gamper vi Contents 9. Lifting the Constitutional Curtain? The Use of Foreign Precedent by the German Federal Constitutional Court Stefan Martini 10. Hungary: Unsystematic and Incoherent Borrowing of Law. The Use of Foreign Judicial Precedents in the Jurisprudence of the Constitutional Court, 1999–2010 Zoltán Szente 11. A Gap between the Apparent and Hidden Attitudes of the Supreme Court of Japan towards Foreign Precedents Akiko Ejima 12. Mexico: Struggling for an Open View In Constitutional Adjudication Eduardo Ferrer Mac-Gregor and Rubén Sánchez Gil 13. Romania: Analogical Reasoning as a Dialectical Instrument Elena Simina Tanasescu and Stefan Deaconu 14. Russia: Foreign Transplants in the Russian Constitution and Invisible Foreign Precedents in Decisions of the Russian Constitutional Court Sergey Belov 15. Judges as Discursive Agent: The Use of Foreign Precedents by the Constitutional Court of Taiwan Wen-Chen Chang and Jiunn-Rong Yeh 16. United States of America: First Cautious Attempts of Judicial Use of Foreign Precedents in the Supreme Court's Jurisprudence Angioletta Sperti Conclusion. The Use of Foreign Precedents by Constitutional Judges: A Limited Practice, An Uncertain Future Tania Groppi and Marie-Claire Ponthoreau
£37.99
T.C.E.C Publishers Tips for #CollegeLife: Powerful College Advice
Book Synopsis
£15.29
Springer Nature Switzerland AG Comparative Multidisciplinary Perspectives on
Book SynopsisThis book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation.A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they’ve had no opportunity to read it in detail and know what they’re voting upon. The majority party’s legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline.Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.Trade Review“One of the main merits of the volume is that it not only describes and discusses omnibus legislation, but also provides useful and valuable observations and suggestions for its regulation. … Bar-Siman-Tov’s seems to have achieved his goal of provide valuable insights for practitioners in addition to contributing to scientific debates on this topic. The drafters and enactors of legislation, such as politicians, parliamentarians, legislative drafters, and parliamentary officials are strongly advised to peruse this book … . Bar-Siman-Tov’s book provides an excellent basis, as well as useful suggestions … .” (Noémi Sebők, International Journal of Parliamentary Studies, November 8, 2021)“Policymakers, public sector lawyers, and legislative drafters will welcome this book if for no other reason than enabling them to confirm to themselves, and to explain to others, that they are not alone in facing and resisting increasing political pressures towards the use of omnibus legislation. … this book will remain a helpful starting point for those wishing to marshal experience and arguments. The authors and editor have therefore done us a great service.” (Daniel Greenberg CB, Statute Law Review, Vol. 42 (3), October, 2021)Table of ContentsIntroduction: Comparative Multidisciplinary Perspectives on Omnibus Legislation.- Part I. Common Law Jurisdictions.- Omnibus Legislating in Congress in the 21st Century.- Due Process in Unorthodox Lawmaking: Statutory Interpretation in the Age of Legislative Complexity.- The Single-Subject Rule in the American States.- However questionable, omnibus legislation is here to stay.- Part II. Civil Law Jurisdictions.- Omnibus legislation in Spain: political expediency, doctrinal condemnation, and judicial indulgence.- The practice of omnibus laws in Belgium: an empirical test.- When rationalization of bureaucracy de-rationalizes legislatures: ‘Monster bills’ in France.- Omnibus legislation and maxi-amendments in Italy: How to circumvent the constitutional provision requiring to approve the bills 'article by article'.- Omnibus Legislation in Germany - A Widespread and yet Understudied Lawmaking Practice.- Part III. Mixed Sytem Jurisdictions.- Omnibus Legislation in Israel: The Interaction of Law, Politics, Economics and Judicial Review.- Centralization via Delegation: Analysis of the Israeli Arrangement Law.- The Economic Arrangements Law - Can The Knesset Learn From Other Countries That Contend With Omnibudget Laws?.- Part IV. Living Without Omnibus Legislation.- (Absence of) Omnibus Legislation in Sweden: when legislative drafting affects the political discourse Mauro Zamboni.
£104.99
