Law Books

Book SynopsisThis unique book, formed as a series of essays in honour of the memory of Paul Heim CMG, the founder of Lincoln’s Inn European Group, focusses on the building of bridges between individuals and institutions in European, international, and human rights law. The book features contributions from some of the foremost current or former European and international judges; leading practitioners and officials, each with links to Lincoln’s Inn, and former recipients of Lincoln’s Inn’s dedicated scholarship programmes. The approachable style of the book makes it readily accessible for a wide range of readers including legal scholars, practitioners, students, and those with a general interest in the application of the law and justice in today’s interconnected world. Each contribution provides personal reflections and expertise on selected aspects of European and human rights law, and the personal, professional, and technical bridges involved in their development and maintenance, together with insights into their future. The book provides multi-level perspectives on the Court of Justice of the European Union, the EFTA Court, the European Court of Human Rights, and the International Criminal Court, and the interaction of their jurisprudence with domestic law and between themselves, alongside our ever-evolving societies.Table of ContentsPhotograph of Paul Heim CMG Foreword Koen Lenaerts Preface The Treasurer Table of Contents About the Authors Part I: Attributing Humanity Introducing Paul Heim The Editors Paul Heim – A Tribute John Samuels The European Court of Human Rights: the Transition from Old Court to New Nicolas Bratza Horizontal Application of Fundamental Rights Millie Polimac Human Dignity in the Digital Age Edite Ligere Who is afraid of the European Court of Human Rights? Egbert Myjer Part II: Administering Justice Fundamental Rights: A Dialogue between Three European Courts or Even More? Bernd Hammermann The relationship between the CJEU and ECHR - a snapshot Tim Eicke How far are the rules of interpretation going to bend to enable the Northern States to deliver democracy to the Third World? Martin Dabrowski Narrowing the accountability gap: A new vision for collective action in pursuit of justice for grave breaches of human rights Karim A. A. Khan Fact & Fiction in Tax: The VAT Group as a Fiscal Chimera David Scorey Taking back control or giving it all away? Jurisdiction in fraud claims Sparsh Garg Bridge to nowhere: the right to integrity and the accuracy and weight of the Charter Explanations Niall Coghlan Part III: Maintaining Bridges The Importance of Building Legal Bridges for International Relations and Foreign Policy Margaret McGowan-Smyth The Failed EU-Switzerland Framework Agreement and the UK Carl Baudenbacher Supremacy of EU Law and the Brexit Acquis Suzanne Rab The EEA EFTA-UK Free Trade Agreement: Continuity or Rather Something New? Michael-James Clifton A Registrar Who Was Also A Mentsch Eleanor Sharpston Afterword Francis Jacobs

Read more less

Book SynopsisImmigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal. Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States. Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.Table of Contents1. Introduction I. The Detention Machine II. Immigration Detention in Literature III. Issues Explored IV. Approach of this Book V. Structure of the Book 2. Liberty and the Historic Context of Immigration Detention I. Introduction II. The United Kingdom III. The United States IV. The European Union V. Conclusion 3. Current Legal Frameworks I. Introduction II. Origins of the Modern Systems III. Detention Authorities IV. Grounds for Detention V. Non-statutory Guidance on Detention Decision-Making VI. Additional Detention Provisions in the Return Directive VII. Conclusion 4. Judicial Intervention into Detention I. Introduction II. Courts and Judges III. Judicial Review Proceedings IV. Legal Representation and Access to Justice for Detainees V. Modern Judicial Review of Detention VI. Conclusion 5. Balancing Factors I. Introduction II. Case Basics III. The Legality Tests IV. Likelihood of Removal and Due Diligence V. Assessing Risk VI. Detainee Non-co-operation VII. Pursuit of Legal Remedies against Removal or Deportation VIII. Conclusion 6. Using the Law I. Introduction II. The Doctrine of Precedent III. Fundamental Rights IV. Impact of Detention Time Limits on Judicial Decision-Making V. Quality of Law VI. Conclusion 7. The Business of Judging I. Introduction II. Judges as Fact-Finders, Reviewers or Law-Makers III. The Role of Deference IV. Conclusion 8. Conclusion I. Introduction II. Detention: An Origin Story III. Accounting for Outcomes IV. Moving Forward

Read more less

Book SynopsisThis book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the ‘standpoint limitation’ and ‘remedial consistency’. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.Table of Contents1. Introduction 2. Theories of law 3. The structure of private law 4. The distributive justice theory of private law 5. The corrective justice theory of private law 6. The standpoint limitation approach 7. The standpoint limitation applied to tort and contract 8. Private property 9. Private property rights and claims 10. The common law

Read more less

Book SynopsisThis open access book takes a multi-disciplinary approach to the phenomenon of investment migration in order to better understand it and its legal, political, and conceptual implications. The book consists of three parts. The first part documents recent trends in investment migration and seeks to comprehend its implications for our understanding of the concept of citizenship. The second part provides a legal and normative assessment of investment migration, from the perspective of both EU and international law. The third part presents case studies on investment migration practices in countries around the world, including countries that have so far remained under-researched. The book assembles several of the leading experts in the field, from law, sociology, and politics, and is based on a selection of the most interesting contributions to Investment Migration Working Papers. It gives a balanced, expert analysis of a sometimes controversial field of the law of immigration and citizenship.The ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Central European University.

Read more less

Book SynopsisThis book imagines how Europe might re-organise and re-group after the COVID-19 crisis by assessing its effectiveness when responding to it. For this purpose, it directs its focus on: i) sovereignty challenges; ii) technological challenges and iii) governance challenges. These three challenges do not present hermetic legal problems, they intersect and connect on many levels. The book shows this by examining the relationship between public and private power, and illustrating how the rise of technocratic authority is deeply connected to the choice of technological solutions. It illustrates how constitutional decisions taken during states of emergency give rise to private governance challenges related to cybersecurity and data protection. Experts from the fields of EU governance, data protection, and technology explore these questions to provide answers to how the EU might develop in the future.Table of Contents1. Preface – Miguel Poiares Maduro 2. Introduction - Francisco de Abreu Duarte and Francesca Palmiotto Part A – Sovereignty Challenges 3. Opening Executive Technocratic Bubbles: Gusts of Transparency in Turbolent Europe - Deirdre Curtin 4. The New Providers on the Block: How Big Tech Responded to the Covid19 ‘Krisis’- Francisco de Abreu Duarte 5. What Did The Covid-19 Crisis Teach us about European Solidarity? Incomplete Integration, Conflicts of Sovereignty and the Principle of Solidarity in EU Law - Luisa Marin Part B – Technological Challenges 6. Tracing Transparency: Public Governance of Algorithms and the Experience of Contact Tracing Apps - Francesca Palmiotto 7. Data Under Threat for the ‘Health’ of Nations - Mariavittoria Catanzariti 8. ‘Brave New (Normal) World’: Can the Covid19 Emergency serve as an excuse to increase the Surveillance State with Facial Recognition Technology?- Natalia Menéndez 9. Data Governance to Tackle Covid19: Some lessons we should learn from the Pandemic - Tommaso Fia Section C – Governance Challenges 10. Contact Tracing and Techno-Surveillance Clusters in Asia and Europe – Francesco Godano/Galileo Sartor 11. Covid19, Tracing Apps, and Big Tech: “Can’t Buy me Love” – Nicolas Petit 12. What role for the Data Protection Authorities during the Covid19 Pandemic? - Maria Magierska 12. Keeping the Internet Safe During and After the Pandemic: Dealing with rise of Cybercrime in the EU- Sarah Tas

Read more less

Book SynopsisThis book brings together leading scholars from the next generation of UK criminal lawyers to celebrate the work of GR Sullivan, Emeritus Professor at University College London, in the year of his retirement from writing Simester and Sullivan's Criminal Law: Theory and Doctrine. The contributors examine many of the areas in which GR (Bob) Sullivan's own writing has been influential, ranging from general doctrines such as causation and culpability, across specific offences like theft and fraud, through defences including necessity and insanity; before turning, finally, to matters affecting the criminal process, notably challenges to the doctrine of precedent in criminal law. Taken together, the essays are a powerful tribute to Bob's standing and influence upon modern criminal law. At the same time, individually they make sophisticated contributions to our understanding of some pressing issues in contemporary criminal law. The essays illustrate the increasing importance of theoretical argument in modern criminal law, as well as the manner in which doctrinal debates have become interwoven with arguments about criminalisation norms. The resulting collection is thus a tribute also to the character of modern academic criminal law, a character that Bob and the writers of his generation did so much to develop.

Read more less

Book SynopsisIn this book a team of expert contributors address challenging issues concerning the relationship between private law and the rule of law and human rights, with specific focus on case studies from South-Eastern Europe.The book examines the broadening application of human rights to the private law fields and the resulting effects. Contributors offer a truly interdisciplinary perspective drawn from comparative law, civil law, procedural law and public law. By so doing, for the first time, they offer insights into the fascinating questions the region poses for private law and human rights.

Read more less

Book SynopsisThis is the 10th edition of John Tiley’s classic textbook on revenue law, covering the UK tax system, income tax, capital gains tax, inheritance tax and corporation tax, as well as incorporating sections dealing with international and European tax, savings, charities, and - new to this edition - value added tax and stamp duties. The new edition has been comprehensively revised and fully updated with the latest case law, statutory and other developments, including the Finance Act 2021. The book’s companion website provides bonus chapters on investment intermediaries, pensions, charities, and the UK’s value added tax and stamp duties. The companion website will also supply annual updates to the print edition as well as study questions to help students navigate this complex subject. The book is designed for students taking modules in tax law in the final year of their law degree, or for more advanced courses. It is also a valuable resource for academics and professionals in the field. It provides an account of the rules as well as citation of the relevant literature from legal periodicals and some discussion of, or reference to, the background material in terms of policy, history or other countries’ tax systems to give readers a contextual overview of the subject. Accompanying online resources for this title can be found at bloomsbury.pub/tileys-revenue-law. These resources are designed to support teaching and learning when using this textbook and are available at no extra cost.Table of ContentsPART I: INTRODUCTION TO UK TAX LAW 1. Definitions and Theories 2. Jurisdiction: The Taxing Power 3. Sources 4. The Setting of the Tax System 5. Tax Avoidance PART II: INCOME TAX 6. Historical Introduction 7. Income Tax: Basic Concepts 8. The Tax Unit 9. Taxation and Social Security 10. Deductions and Credits for Taxpayer Expenditure and Losses 11. Personal Reliefs and Tax Reductions 12. Calculations 13. Employment Income: Scope and PAYE 14. Employment Income: Emoluments/Earnings 15. Benefits in Kind and the Convertibility Principle 16. The Benefits Code and Exemptions 17. Employee Share Schemes 18. Employment Income: Deductions and Expenses 19. Business Income—Part I: Scope 20. Business Income—Part II: Basis of Assessment and Loss Relief 21. Business Income—Part III: Principles and Receipts 22. Business Income—Part IV: Trading Expenses 23. Business Income—Part V: Timing and Trading Stock (Inventory) 24. Capital Allowances 25. Income from Land in the United Kingdom 26. Savings Income: Interest and Premium, Bond and Discount 27. Miscellaneous Income Including Annual Payments 28. Income Not Otherwise Charged 29. Trusts 30. Death and Estates 31. Income Splitting: Arrangements and Settlements PART III: CAPITAL GAINS TAX 32. Introduction and Policy 33. Structure and Elements 34. Assets 35. Disposals: (1) General 36. Disposals: (2) Gifts, Bargains Not at Arm’s Length and Other Gratuitous Transactions 37. Leases 38. Options 39. Death 40. Trusts 41. Shares, Securities and Other Fungible Assets 42. Capital Gains Tax and Business 43. Computation of Gains PART IV: INHERITANCE TAX 44. Inheritance Tax: Introduction 45. Transfers of Value by Disposition 46. Death 47. Gifts with Reservation 48. Settled Property: Introduction 49. Trusts with Interests in Possession 50. Relevant Property Trusts with No Qualifying Interest in Possession 51. Favoured Trusts 52. Companies 53. Exempt Transfers: Conditions and Allocation Where Partly Exempt 54. Particular Types of Property 55. Valuation: Rules, Charges and Reliefs 56. Accountability and Administration 57. Incidence of Tax 58. International PART V: CORPORATION TAX 59. Corporation Tax—Introduction, History and Policy 60. Structure 61. Distributions 62. Computation (1): General Rules 63. Computation (2): Accounting-based Rules for Specific Transactions 64. Groups and Consortium Companies: General 65. Control, Groups and Consortium Companies: Capital Gains 66. Exempt Distributions: Demergers 67. Close Companies 68. Anti-avoidance: Special Provisions PART VI: INTERNATIONAL AND EUROPEAN UNION TAX 69. International Tax: Introduction and Connecting Factors 70. Enforcement of Foreign Revenue Laws 71. UK Residents and Foreign Income 72. Source: The Non-resident and the UK Tax System 73. Controlled Foreign Companies 74. Capital Gains 75. Unilateral Relief Against Double Taxation 76. Double Taxation: UK Treaty Relief 77. European Union Tax Law Bonus chapters – available on Companion Website: PART VII: TAX-PREFERRED SAVINGS AND CHARITIES 78. Favoured Methods 79. Investment Intermediaries 80. Pensions 81. Charities 82. Value Added Tax and Stamp Duties

Read more less

Book SynopsisWell-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.Table of ContentsPreface Prescription Act 1832 Wills Act 1837 Wills (Soldiers and Sailors) Act 1918 Law of Property Act 1922 Trustee Act 1925 Law of Property Act 1925 Land Registration Act 1925 Landlord and Tenant Act 1927 Leasehold Property (Repairs) Act 1938 Variation of Trusts Act 1958 Law of Property (Joint Tenants) Act 1964 Wills Act 1968 Law of Property Act 1969 Administration of Justice Act 1970 Matrimonial Proceedings and Property Act 1970 Land Charges Act 1972 Administration of Justice Act 1973 Inheritance (Provision for Family and Dependants) Act 1975 Protection from Eviction Act 1977 Criminal Law Act 1977 Limitation Act 1980 Senior Courts Act 1981 Forfeiture Act 1982 Administration of Justice Act 1982 Landlord and Tenant Act 1985 Insolvency Act 1986 Landlord and Tenant Act 1988 Law of Property (Miscellaneous Provisions) Act 1989 Access to Neighbouring Land Act 1992 Landlord and Tenant (Covenants) Act 1995 Treasure Act 1996 Family Law Act 1996 Trusts of Land and Appointment of Trustees Act 1996 Human Rights Act 1998 Trustee Delegation Act 1999 Contracts (Rights of Third Parties) Act 1999 Trustee Act 2000 Land Registration Act 2002 Commonhold and Leasehold Reform Act 2002 Civil Partnership Act 2004 Tribunals, Courts and Enforcement Act 2007 Perpetuities and Accumulations Act 2009 Equality Act 2010 Mortgage Repossessions (Protection of Tenants etc.) Act 2010 Charities Act 2011 Legal Aid, Sentencing and Punishment of Offenders Act 2012 Index

Read more less

Book SynopsisWell-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.Table of ContentsSTATUTES Criminal Procedure Act 1865 Criminal Evidence Act 1898 Perjury Act 1911 Law of Property Act 1925 Children and Young Persons Act 1933 Homicide Act 1957 Criminal Justice Act 1967 Civil Evidence Act 1968 Criminal Appeal Act 1968 Theft Act 1968 Family Law Reform Act 1969 Misuse of Drugs Act 1971 Civil Evidence Act 1972 Matrimonial Causes Act 1973 Rehabilitation of Offenders Act 1974 Oaths Act 1978 Magistrates' Courts Act 1980 Contempt of Court Act 1981 Senior Courts Act 1981 Criminal Justice Act 1982 Police and Criminal Evidence Act 1984 Road Traffic Regulation Act 1984 Criminal Justice Act 1988 Children Act 1989 Criminal Justice and Public Order Act 1994 Civil Evidence Act 1995 Criminal Procedure and Investigations Act 1996 Human Rights Act 1998 Youth Justice and Criminal Evidence Act 1999 Regulation of Investigatory Powers Act 2000 Crime (International Co-operation) Act 2003 Criminal Justice Act 2003 Sexual Offences Act 2003 Domestic Violence, Crime and Victims Act 2004 Legal Services Act 2007 Serious Crime Act 2007 Counter-Terrorism Act 2008 Coroners and Justice Act 2009 RULES OF COURT Civil Procedure Rules 1998 Criminal Procedure Rules 2015 INTERNATIONAL LEGISLATION Convention for the Protection of Human Rights and Fundamental Freedoms PACE CODES PACE Code C (Revised) PACE Code D (Revised) Index

Read more less

Book SynopsisWell-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.Table of ContentsCovenant of the League of Nations (as amended 1924) 1919 Treaty between the United States and Other Powers Providing for the Renunciation of War as an Instrument of National Policy (Kellogg-Briand Pact) 1928 Convention on Rights and Duties of States 1933 Charter of the United Nations (as amended) 1945 Statute of the International Court of Justice 1945 Convention on the Prevention and Punishment of the Crime of Genocide 1948 Universal Declaration of Human Rights 1948 Convention for the Protection of Human Rights and Fundamental Freedoms (as amended) 1950 Protocol No. 1 to the ECHR 1952 Protocol No. 4 to the ECHR, securing certain rights and freedoms 1963 Protocol No. 6 to the ECHR, concerning the abolition of the death penalty 1983 Protocol No. 7 to the ECHR 1984 Protocol No. 12 to the ECHR 2000 Protocol No. 13 to the ECHR, concerning the abolition of the death penalty in all circumstances 2002 Vienna Convention on Diplomatic Relations 1961 General Assembly Resolution 1803 (XVII) ‘Permanent Sovereignty over Natural Resources’ 1962 General Assembly Resolution 2131 (XX) ‘Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty’ 1965 International Covenant on Civil and Political Rights 1966 Optional Protocol to the International Covenant on Civil and Political Rights 1966 Second Optional Protocol to the International Covenant on Civil and Political Rights 1989 International Covenant on Economic, Social and Cultural Rights 1966 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights 2008 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies 1967 Vienna Convention on the Law of Treaties 1969 Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations 1970 Declaration of the United Nations Conference on the Human Environment 1972 Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents 1973 General Assembly Resolution 3314 (XXIX) ‘Definition of Aggression’ 1974 Vienna Convention on Succession of States in respect of Treaties 1978 United Nations Convention on the Law of the Sea 1982 Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 1984 Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 2002 United Nations Framework Convention on Climate Change 1992 Paris Agreement 2015 Glasgow Climate Pact 2021 Rio Declaration on Environment and Development 1992 Agreement Establishing the World Trade Organization 1994 Rome Statute of the International Criminal Court 1998 Elements of Crimes 2002 ILC Articles on Responsibility of States for Internationally Wrongful Acts 2001 United Nations Convention on Jurisdictional Immunities of States and their Property 2004 State Immunity Act 1978 ILC Draft Conclusions on Identification of Customary International Law 2018 ILC Draft Conclusions on Subsequent Agreements and Subsequent Practice in Relation to the Interpretation of Treaties 2018 Index

Read more less

Book SynopsisThe 4th edition of this leading introductory text – now under the sole authorship of Rob Merkin KC – provides a detailed examination of the developing law of insurance, combining exposition of the law with critical analysis. The book is designed primarily for undergraduate and postgraduate students, but is also a useful resource for those in the insurance industry studying for professional examinations and legal practitioners who need a concise guide to the legal principles. The text is enhanced by extensive citations to case law and academic commentaries; and a new companion website delivers annual case law updates. This new edition has been substantially rewritten in light of the transformation of insurance law in recent years. The text has been revised to include new legislation and coverage of the effects of Brexit. However, the approach and - where possible - the analysis of John Lowry and Philip Rawlings have been retained. The first part of the book considers the regulation of insurance business and the general principles underlying the law of insurance contracts. The second part examines the way those principles are shaped by the context in which they operate. A new chapter with case studies on COVID-19, earthquakes, and mesothelioma applies the principles to the problems and uncertainties for insurance law revealed by catastrophic losses. This authoritative text offers a sound grasp of the current realities of insurance practice.Trade ReviewGood level of detail, but nonetheless highly readable. Useful critical analysis to prompt students with their further reading and research. -- Kate Bracegirdle * University of Bristol *This is an accessible and well-structured student textbook, but also contains plenty of analysis and useful references for further study. -- Franziska Arnold-Dwyer * Queen Mary University Of London *Table of Contents1. The Insurance Contract 2. Regulation of Insurance Business 3. Insurance Intermediaries 4. The Duty to Make a Fair Presentation 5. Formation of the Insurance Contract 6. Insurable Interest 7. Third Party Rights 8. Terms of the Insurance Contract 9. Construing the Terms of the Insurance Contract 10. Causation 11. Claims Procedure 12. Measurement of Loss and Reinstatement 13. Subrogation and Contribution 14. Motor Insurance 15. Liability Insurance 16. Specific Insurances 17. Marine Insurance 18. Reinsurance 19. Case Studies

Read more less

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)

Read more less

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

Read more less

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.

Read more less

Book SynopsisFor centuries, since the Roman Empire’s adoption of Christianity, the continent of Europe has been perceived as something of a Christian fortress. Today, the increase in the number of Muslims living in Europe and the prominence of Islamic belief pose questions not only for Europe’s religious traditions but also for its constitutional make up. This book examines these challenges within the legal and political framework of Europe. The volume’s contributors range from academics at leading universities to former judges and politicians. Its 19 chapters focus on constitutional challenges, human rights with a focus on religious freedom, and securitisation and Islamophobia, while adopting supranational and comparative approaches. This book will appeal not merely to academics and law students in the UK and the EU, but to anyone involved in diplomacy and international relations, including political scientists, lobbyists and members of NGOs. It explores these contested relationships to open up new spaces in how we think about religious freedom and co-existence in Europe and the crucial role that Islam has had, and continues to have, in its development.Table of Contents1. Islam, Religious Liberty and Constitutionalism in Europe: An Introduction, Mark Hill KC (University of Notre Dame, UK) and Lina Papadopoulou (Aristotle University of Thessaloniki, Greece) Part I: Constitutional Challenges 2. Religious Freedom for Muslims: A Challenge to the Historical Foundations and Resilience of European Constitutionalism, Evangelos Venizelos (Aristotle University of Thessaloniki, Greece) 3. When History Cripples the Future for Muslims in Europe: The Struggle between Two Notions of Constitutionalism, Ali Rashid Al-Nuaimi (United Arab Emirates Federal National Council) 4. European Values and Islam, Maurits S Berger (Leiden University, the Netherlands) 5. Old and New Islam in Europe: A Methodological Approach, Konstantinos Tsitselikis (University of Macedonia, Greece) 6. Constitutionalism, Populism and Islam in Europe, Andrea Pin (University of Padua, Italy) Part II: Religious Freedom and Other Human Rights 7. Respecting Human Rights by Reconciling the Rights of Muslim Communities and State Policies, Francis Messner (University of Strasbourg, France) 8. Equality and Difference: Muslim Religious Practice, Religious Tribunals and Muslim Women, Samia Bano (University of London, UK) 9. From Foreigners to Citizens: Freedom of Religion, Education and Policies for Social Integration of Muslim Minors, Enrica Martinelli (University of Ferrara, Italy) 10. Regulating Islam: Limitations on Freedom of Religion in Denmark, Niels Valdemar Vinding (University of Copenhagen, Denmark) Part III: Supranational and Comparative Approaches 11. Islamic Headgear: The Case Law of the European Court of Human Rights, Vincent A De Gaetano (European Court of Human Rights, France) 12. Hunting Grounds for Religious Slaughter: A Case Study from the Court of Justice of the European Union, Wolfgang Wieshaider (University of Vienna, Austria) 13. Reasonable Accommodation of Islamic Practices: Europe and America Compared, Ioannis Papadopoulos (University of Macedonia, Greece) 14. Divine Command and Religious Liberty: A Theological Reflection on Islamic Constitutionalism, Mahan Mirza (University of Notre Dame, USA) Part IV: Securitisation and Islamophobia 15. Muslims in Europe: Religious Freedom and Security, Agustín Motilla (University Carlos III of Madrid, Spain) 16. The Legal Treatment of Islamophobic Speech in Europe, Lina Papadopoulou (Aristotle University of Thessaloniki, Greece) 17. Security and Liberty in the Shadow of Islamophobia in Europe, Merilin Kiviorg (University of Tartu, Estonia) 18. The European Debate on Restrictions on Foreign Funding of Islam, Zoila Combalía (University of Zaragoza,Spain) 19. Islamophobia, Xenophobia and Religion in the European Union: A Quantitative Analysis, Anastasia Litina (University of Macedonia, Greece) and Konstantinos Papastathis (Aristotle University of Thessaloniki, Greece)

Read more less

Book SynopsisThis book provides the first comprehensive account of the New EU Competition Law: an emerging understanding of the discipline that breaks from the consensus of the early 2000s and that ventures into uncharted territories. Competition law has undergone fundamental transformations in the past decade, from the rise and fall of the ‘effects-based approach’ to the challenge of Big Tech and the growing interaction with intellectual property. Making sense of these changes and fully grasping their implications can be difficult. The book discusses the shift from traditional enforcement in the industrial era to the sort of intervention that a knowledge-based economy demands. It presents the changes that the field is undergoing (policy priorities, relationship with regulation and intangible assets, move away from efficiency and consumer welfare) and illustrates them by reference to the most significant developments. The analysis includes an up-to-date evaluation of the Digital Markets Act and addresses the application of EU competition law to key areas, including energy, pharma, telecommunications and online platforms. Conceived as a ‘modular’ book, practitioners and advanced students will find it useful as a map to navigate the underlying trends and as an in-depth dissection of the key case law and administrative practice of the past decade.Table of ContentsIntroduction Part I: Mapping the Transformation 1. The Changing Face of Enforcement under Regulation 1/2003 2. The Rise and Decline of the ‘More Economics-based Approach’ 3. Competition Law and Economic Regulation 4. Competition Law and Intangible Property 5. The DMA as the Expression (and Endgame) of the New Competition Law Part II: Case Studies 6. Energy and Telecommunications 7. Patents and Copyright 8. Digital Markets Conclusions

Read more less

Book SynopsisThis book compares and explains the approaches taken by Asian courts when choice of forum clauses in international commercial contracts are challenged in litigation. It examines key common law jurisdictions (Singapore, Hong Kong, and Malaysia), civil law jurisdictions (China, Japan, and Indonesia), and hybrid jurisdictions (the Philippines). With Asia's ascent in cross-border trade and investment, alongside a corresponding increase in cross-border litigation, understanding how Asian courts address choice of forum clauses in international commercial contracts has never been more critical. Employing a comparative law method, the book identifies and explains the relief and remedies used by Asian courts in enforcing choice of forum clauses, analysing how their classification as either contractual or procedural in nature shapes judicial approaches. It further distinguishes choice of forum clauses from arbitration agreements and explores their interaction with other contractual provisions. Party autonomy as the parties' freedom to determine the contents of the choice of forum clause and the freedom to control the flow of litigation is also critically scrutinised. Furthermore, the book investigates the factors courts consider in resolving key choice of forum clause issues (ie, enforceability; specific relief to be granted; existence, validity, interpretation of choice of forum clauses; role of mandatory rules, public policy, and international interests) and explores the prospects for future development of this area of law in Asia. Crucially, the book highlights the unique approaches of Asian courts, while underscoring the differences and similarities among common law, civil law, and hybrid jurisdictions.

Read more less

Book SynopsisThis open access book offers a comparative and inter-disciplinary perspective on the unique competition law challenges presented by the converged digital markets.Following the digitalisation of even the most traditional bricks-and-mortar sectors of the economy, a well-functioning internal market can only be guaranteed by ensuring the competitiveness of the digital markets. What role do intellectual property law and competition law play in this digital world? How can a more economic analysis strengthen innovation policies to achieve a truly competitive digital single market?The book provides a rigorous discussion of the many reasons why the regulatory responses, not just in Europe but in other jurisdictions too, may fall short. It addresses an array of procedural, substantive and other issues that are generating intense debate across the antitrust community. This includes the scope and objectives of digital regulation, whether the application of ex-ante rules would result in fragmentation and inconsistencies, and whether such regulatory regimes are an appropriate tool for substantive assessment. The book explores whether the application of these rules would effectively tackle the competition enforcement challenges seen under the competition laws, whether they can be applied without undermining other rights such as privacy, and whether they are appropriate for this digital age as well as the new digital era ahead of us.Part 1 offers a detailed inter-disciplinary perspective on the most recent legislative solutions in the European Union, namely, the Digital Services Act, the Digital Markets Act, and the Data Act. Part 2 offers competition and regulatory responses to these ever-emerging digital challenges by the UK, Latin American, Indian and Chinese regulators.The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com.

Read more less

Book SynopsisKonstantina Bania is a Partner at Geradin Partners and Lecturer in law at the University of Sheffield, UK. Damien Geradin is the Founding Partner of Geradin Partners and Professor of Competition Law and Economics at Tilburg University, the Netherlands.

Read more less

Book SynopsisThis book considers Section 21 of the Divorce and Matrimonial Causes Act 1857 and its significant impact on previously invisible married women in the 19th century.Tens of thousands of women used this little-known section of the Act to apply for orders from local magistrates'' courts to reclaim their rights of testation, inheritance, property ownership, and (dependent on local franchise qualifications) ability to vote. By examining the orders that were made and considering the women who applied for them, the book challenges the mistaken belief that Victorian England and Wales were nations of married, cohabiting couples. The detailed statistical analysis and rich case studies presented here provide a totally new perspective on the legal status and experiences of married women in England and Wales. Although many thousands of orders were granted between 1858 and 1900, their details remain unknown and unexamined, primarily because census records did not consistently record dissolved marriages and there is no central index of applications made.Using sources including court records, parliamentary papers, newspaper reports, census returns, probate records and trade directories, this book reconstructs the successful and unsuccessful experiences of women applying to magistrates' courts and the Court for Divorce and Matrimonial Causes to protect their assets across regions and decades.

Read more less

Book SynopsisThe fourth edition of this respected textbook examines the regulation and conduct of lawyers in England and Wales and addresses new developments in the field, including those in international practice, sexual misconduct, and the environment. Focusing on the practice of, and interrelationship between, solicitors and barristers, the book provides background to current arrangements while exploring contemporary rules of conduct, systems of regulation, and controversies. The four main parts cover client duties, wider obligations, key contexts, and regulation. Parts one to three provide an academic introduction to the subject of lawyers’ ethics. They are suitable as a core text for a semester course at undergraduate level, providing grounding for vocational training, such as the Solicitors’ Qualifying Examination. Comparisons are made with conduct rules applying in other leading common law jurisdictions where relevant. These parts also explore links between the subject of ethics and the development of lawyers’ practical skills. Part four applies the general principles to three elements of regulation: practice, admission, and discipline. The approach throughout is socio-legal. While the essential law is described, relevant social science research informs consideration of issues and debates.Table of Contents1. Introduction Part One: Clients 2. Loyalty 3. Conflicts of Interest 4. Confidence Part Two: Wider Responsibilities 5. Social Responsibility 6. Individual Third parties 7. Collective Third parties Part Three: Contexts 8. Litigation 9. Business 10. International Part Four: Regulation 11. Practice 12. Admission 13. Discipline 14. Epilogue

Read more less

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

Read more less

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.

Read more less

Book SynopsisThis open access collection of 17 original essays is the first volume to provide an in-depth exploration of the potential of a rights-based approach to criminal law. The book presents a comprehensive treatment of the role of rights in criminal law, ranging from a conceptual analysis and questions of justified criminalisation, to specific legal implications for substantive criminal law and criminal procedure. The collection addresses the academic and practical questions that are related to individual entitlements protected by criminal law, including:- Who currently holds and who should hold a right not to be wronged by others?- Is it a violation of individual rights, rather than the infliction of harm, that constitutes a reason for criminalisation?- Does the idea of criminal law as regulating interpersonal legal relations contradict its public character?Furthermore, the collection provides a theoretical framework for the study of consent and sexual offences, investigates the background of ideas of restorative justice, and explores both the victim's and the offender's rights in prosecution and trial. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Read more less

Book SynopsisThis open access book explores the connection between proportionality and the moral concept of freedom from a variety of philosophical perspectives. It views proportionality as more than a technical, legalistic formula but as infused with moral meaning. It asks: Is the proportionality test committed to a particular philosophical conception of freedom? Some contributors argue that proportionality subscribes to a morally defensible right to everything'. Others see in this a serious shortcoming of contemporary proportionality discourse. They claim instead that fundamental rights doctrine should abandon proportionality and adopt a less individualistic notion of freedom that is inherently limited by the reasonable interests of others. The volume showcases novel attempts to combine proportionality and freedom that are inspired by Kant, Rawls and Bernard Williams. It also situates its central question within debates about the legitimacy of judicial power and considers the use of proportionality analysis by the courts to resolve pivotal issues about the meaning of human rights. Individual chapters are in dialogue with each other, offering readers a holistic examination of this important issue of human rights theory and practice.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Read more less

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

Read more less

Book SynopsisThis open access book provides an introduction to Generative Artificial Intelligence and four cutting-edge technologies that it enables - humanoid robots, deepfakes, augmented reality, and virtual reality. Experts predict that in five years' time, more than 90 per cent of all digital content will be wholly or partially AI generated. In a synthetic society, it may no longer be possible to establish what is real and what is not. Although they are only in their relative infancy, these technologies can already produce content that is indistinguishable from authentic material. The impact of this new reality on democracy, the judicial system, the functioning of the press, as well as on personal relationships, might be unprecedented. The author describes the inner workings of each of these technologies and maps their positive uses in the fields of education, health and entertainment; conceptualises their negative uses for fraud, deception, exploitation and identity-theft; and explores their deeper effects on the post-truth society, the privatisation of the public sphere, and the loss of individual autonomy and societal trust. The book evaluates how the current European legal paradigm applies to these technologies, focussing on the right to privacy and data protection, intellectual property, freedom of expression, procedural law, tort law, consumer and competition law, and the regulation of AI. It discusses regulatory alternatives to solve existing regulatory gaps and shows that there are no easy answers. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com

Read more less

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.

Read more less

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

Read more less

Book SynopsisThis book explores the real-world problem of building safety through the lens of private law. The fire at Grenfell Tower, London, England and the collapse of Champlain Towers South, Florida, USA exposed widespread building safety failures globally. Using a variety of different private law perspectives ranging through torts, contract and real property law, international experts examine building safety failures across the UK, USA, Australia, Singapore, New Zealand, Italy and Canada. The book offers policymakers, practitioners, and scholars ground-breaking consideration of this vital yet under-considered aspect of the building safety crisis, along with new and valuable insights into the nature, limits and utility of private law. The collection of essays shows that private law can be part of the solution to as well as being part of the cause of the building safety crisis. Consideration is given to existing legislative and judicial responses to the crisis, offering guidance as to how statutory regimes addressing the building safety problem (such as the Building Safety Act 2022) can best be understood and developed. A central lesson is the need to take an integrated, coherent approach, within and beyond private law. The book also illustrates that an understanding of the causes of, and responses to, the building safety crisis is vital to any theory of private law: private law is unable to fulfil its distinctive and crucial role of ordering our relations, one to another, if we adopt an unduly limited view of the reasons and resources available to it. The book results from a joint research project by the Faculty of Law at the University of Oxford and Melbourne Law School at the University of Melbourne.

Read more less

Book SynopsisWhelan has written a book that anyone interested in the law should queue to buy. The Times (of the 1st edition)A classic work Michael Beloff KC, Former President, Trinity College Oxford, Treasurer, Gray's InnLawyers are universally unpopular, but is that justified? Aren''t lawyers necessary for justice? This book uses real-world examples, case studies, and commentary from practitioners to answer this question and to reveal the many and varied strategies American and English lawyers use to protect clients. It shows how lawyers tackle their conflicting duties, and highlights the choices lawyers everywhere routinely make through their power of decision.What emerges are new ways of understanding the critical role lawyers play in society and their professional responsibilities. This new edition considers the litigation surrounding Donald Trump and the role played by his lawyers. It includes a new chapter on SLAPPs and the way the

Read more less

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

Read more less

Book SynopsisThis book brings together leading academics working on data protection law in the EU to analyse the most notable developments, and the most significant changes, which have occurred during the first 5 years of the GDPR.The book includes contributions analysing the efficacy of the Regulation's consent-based model, the struggle to regulate AdTech using the provisions of the GDPR, the controversy surrounding US-EU data sharing and the interaction of the Regulation with EU Fundamental Rights and other secondary laws regulating data.The book is unique in setting out to record a period of rapid development and significant challenge for EU law through its examination of these episodes in the life of the Regulation in a single text. Each chapter examines the changes introduced by the GDPR, analyses the effect of the Regulation in practice, and maps what the next 5 years holds for one of the world's most influential data privacy laws. The lineup of the editorial and author team reflects the pioneering role of female academics in data protection and GDPR discourse.In highlighting the controversies and conflicts which the Regulation has faced in its first 5 years, the book illuminates the significance of the GDPR's introduction in advancing our thinking about the function, form, and future of data protection law, and outlines those matters that remain to be resolved as the GDPR moves towards its first decade in force.

Read more less

Book SynopsisThis book examines the role, impact, and limitations of regulation as a tool for shaping innovative markets.It contends that the current supply-centred approach is suboptimal in the context of digital innovation and proposes a blueprint for a more demand-conscious approach to regulation. The focus on the demand-side is prompted by the evolving role of consumers within the innovation process in the digital and data-driven economy, the regulatory implications of which are underexplored in legal scholarship.The book features in-depth case studies of the most recent regulatory initiatives in the EU, including Open Banking, the Digital Markets Act (DMA), and the AI Act. It dismantles innovative regulatory instruments, and critically examines their underlying assumptions from an innovation perspective. The new demand-based approach informs the design and use of supply-side market centred tools, behaviourally-informed demand-side instruments, and technological regulation, by introducing a coherent set of demand-centred considerations.The book offers a regulatory toolbox recalibrated for the digital age and serves as a practical guide for academics, policymakers, regulators, and legal practitioners seeking to understand and engage with the regulation of innovative markets.

Read more less

Book SynopsisThis book explores how the EU Treaties evolved, placing them within the context of their time. It illustrates how they reacted to the social, political and economic realities of their age, but also how they addressed future and foreseeable challenges. This helps to fully demonstrate the current constitutional landscape and to suggest how it might develop going forward. The book provides a comprehensive explanation of the development of EU policy from the Treaty of Rome in the 1950s to the Treaty of Lisbon in 2009, which led to a tighter union and ultimately to Brexit. A fascinating insight into the past, present and future of the European Union.

Read more less

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

Read more less

Book SynopsisThe 12th volume in Hart's leading series of books on the history of tax law, exploring important tax issues from both a UK and international perspective.

Read more less

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

Read more less

Book SynopsisAndrew Ashworth is Fellow at All Souls College at the University of Oxford, UK.Juan Ignacio Piña Rochefort is Professor of Criminal Law at the Pontifical Catholic University of Chile.

Read more less

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

Read more less

Book SynopsisA major non-technical challenge of space activities is ensuring productive cooperation, communication, and understanding between the engineers who design the mission and the space lawyers who cover its relevant legal aspects. Though both groups usually attain some level of understanding, it is only achieved after many years of experience in the space industry and through repeated contact with topics relevant to their projects. A basic understanding of the most important legal and technical aspects acquired earlier in their careers can facilitate better cooperation and more efficient development of space projects. Promoting Productive Cooperation Between Space Lawyers and Engineers is a pivotal reference source that provides vital insights into basic legal and technical topics and challenges that occur while planning and conducting typical space activities. The book uses high-profile space missions as examples and highlights the major technical aspects of these missions and the legal issues applied to these missions. While highlighting topics such as planetary settlements, policy perspectives, and suborbital spaceflight, this publication is ideally designed for lawyers, engineers, academicians, students, and professionals.

Read more less

Book SynopsisThis volume brings together academics and judges to consider ideas and arguments flowing from the often complex relationships between law and politics, adjudication and policy-making, and the judicial and political branches of government. Contributors explore numerous themes, including the nature and extent of judicial power, the European Court of Human Rights decision in O'Keeffe v Ireland, the process of appointing judges and judicial representation, judicial power and political processes. Contrasting judicial and academic perspectives are provided on the role of the European Court of Human Rights and the nature of exhausting domestic remedies, including a contribution from the late Mr. Justice Adrian Hardiman. The role of specific judges, social and political disputes and case law are examined and socio-economic rights, the rule of law and electoral processes are all addressed.Trade Review‘Each chapter contains much of note. Dublin City University’s school of law and government and Manchester University Press have done a great public service by preparing and bringing out this excellent book. It will be read by anyone with an interest in how the judicial power of the State should function in a modern democracy.’Mr Justice Richard Humphreys is a judge of the High Court, The Irish Times April 2017‘It is a highly readable collection containing contributions from Ireland’s leading voices on the Constitution that will be of interest to lawyers, historians, political scientists and the general reader alike.’Alan Greene, Durham University, Irish Jurist -- .Table of ContentsIntroduction - Laura Cahillane, James Gallen and Tom HickeyPart I: Judicial power in a constitutional democracy: theoretical foundations 1. In defence of judicial innovation and constitutional evolution - Fiona de Londras2. Reappraising judicial supremacy in the Irish constitutional tradition - Eoin Daly3. Unenumerated personal rights: the legacy of Ryan v. Attorney General - Gerard Hogan 4. Judges as God's philosophers: re-thinking 'principle' in constitutional adjudication - Tom HickeyPart II: Judging in the case of O'Keeffe v. Hickey: analysis and debate5. O'Keeffe v. Hickey: overview and analysis - James Gallen 6. The jurisdiction of the European Court of Human Rights and the case of O'Keeffe v. Hickey -Adrian Hardiman 7. Subsidiarity of ECHR and O'Keeffe v. Ireland: a response to Mr Justice Hardiman - Conor O'Mahony Part III: Judges and the political sphere: appointments and dialogue 8. Judicial appointments in Ireland: the potential for reform - Laura Cahillane 9. Merit, diversity, and interpretive communities: the (non-party) politics of judicial appointments and constitutional adjudication - David Kenny 10. Speaking to power: mechanisms for judicial-executive dialogue - John O'DowdPart IV: Judges and the Constitution in historical perspective 11. The Irish Constitution 'from below': squatting families versus property rights in Dublin, 1967-71 - Thomas Murray12. 'The union makes us strong:' National Union of Railwaymen v. Sullivan and the demise of vocationalism in Ireland - Donal Coffey 13. Ulster unionism and the Irish Constitution: 1970-1985 - Rory Milhench14. 'Towards a better Ireland:' Donal Barrington and the Irish Constitution - Tomás Finn Part V: Perspectives on the Constitution and judicial power 15. Administrative action, the rule of law and unconstitutional vagueness - Oran Doyle16. Article 16 of the Irish Constitution and judicial review of electoral processes - David Prendergast17. Social and economic rights in the Irish courts and the potential for constitutionalisation - Claire Michelle SmythIndex

Read more less