Law Books
The University of Law Publishing Limited FOL Tort 2e
Book Synopsis
£42.74
The University of Law Publishing Limited FOL Contract Law 2e
Book Synopsis
£42.74
The University of Law Publishing Limited FOL Criminial Law 2e
Book Synopsis
£42.74
The University of Law Publishing Limited FOL Admin Human Rights Law 2e
Book Synopsis
£42.74
The University of Law Publishing Limited FOL Land Law 2e
Book Synopsis
£42.74
The University of Law Publishing Limited FOL Equity Trusts 2e
Book Synopsis
£42.74
The University of Law Publishing Limited SQE Business Law and Practice 5e
Book Synopsis
£42.74
The University of Law Publishing Limited SQE Dispute Resolution 5e
Book Synopsis
£42.74
The University of Law Publishing Limited SQE Tort 5e
Book Synopsis
£42.74
The University of Law Publishing Limited SQE Legal System of England and Wales 5e
Book Synopsis
£42.74
The University of Law Publishing Limited SQE Constitutional and Administrative Law and EU
Book Synopsis
£42.74
The University of Law Publishing Limited SQE Legal Services 5e
Book Synopsis
£42.74
The University of Law Publishing Limited SQE Property Practice 5e
Book Synopsis
£42.74
The University of Law Publishing Limited SQE Wills and the Administration of Estates 5e
Book Synopsis
£42.74
The University of Law Publishing Limited SQE Land Law 5e
Book Synopsis
£42.74
The University of Law Publishing Limited SQE Criminal Law 5e
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£42.74
The University of Law Publishing Limited SQE Criminal Practice 5e
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£42.74
The University of Law Publishing Limited SQE Ethics and Professional Conduct 5e
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£42.74
Emerald Publishing Limited Market Grooming
Book SynopsisMarket Grooming: The Dark Side of AI Marketing marks a paradigm shift in the field of marketing. This thought-provoking scholarly work examines how customers, markets and communities are groomed, socially conditioned, subliminally marketed to, and influenced by the use of AI technologies.This comprehensive collection of research articles covers various aspects of AI and its impact on marketing, consumer behavior, and market grooming. It delves into the views and attitudes of consumers in the AI era, as well as the negotiation tactics and misbehaviors observed in digital AI marketing. The impact of AI, machine learning, and the Internet of Things on business and marketing models is thoroughly explored, including both positive and negative effects on individuals, communities, and different domains like social, politico-legal, and ethical spheres. The collection further examines customer relationships management (CRM) and the consequences of AI implementation in marketi
£76.50
Berghahn Books Defeating Impunity
£25.16
Berghahn Books Citizens into Dishonored Felons
a huge range and FREE tracked UK delivery on ALL orders.
£15.20
Globe Law and Business Ltd International Arbitration of Renewable Energy
Book SynopsisThis Special Report is relevant to those interested in learning about the scope for disputes in the renewables sector, how they can be avoided, and how arbitration can best be deployed to prevent delay, resolve disputes which might otherwise jeopardise project completion and operation and help push the energy transition forward.
£999.99
Globe Law and Business Ltd Islamic Finance
Book SynopsisThis unique title is essential reading whether you are already engaged in Islamic financing transactions or interested in understanding the Islamic finance market and the structures underpinning the world's fastest-growing finance sector.
£157.50
Globe Law and Business Ltd Preparing Lawyers for Technology Transformation
a huge range and FREE tracked UK delivery on ALL orders.
£143.10
Globe Law and Business Ltd Practicing Legal Design
Book SynopsisDrawing on extensive experience in legal design, innovation, and transformation, this book blends strategic vision with hands-on experience.
£143.10
Chronos Publishing Build Sell Retire
Book SynopsisEverything you need to know about growing and selling a business: the opportunities, the pitfalls, advice to avoid, advice to seek, how to succeed and break free from today's struggles, who to trust and how to achieve your dreams. Chris Averill, successful entrepreneur, has been through it all and knows the inside tricks. In this time of crisis, his blueprint is the one all budding entrepreneurs need to read.; Over 50 practical tips from Chris and other successful business owners on how to get your business ready for sale, who to sell to and how to make the most money from the sale.; "I commend this volume to anyone embarking on a startup, or those who work with entrepreneurs. It is a wart and all, first-person tale of how to grow a company and make a fortune - and what to do afterwards!" - Luke JohnsonTrade Review"Build Sell Retire is inspiring. It offers a refreshingly candid look at starting, running and selling a successful business. Author Chris Averill writes witty and honest anecdotes about how he built his company. He doesn't shy away from sharing what went wrong along the way. Averill includes valuable lessons on how to rebound from setbacks with humour and heart." - Jill Martin Wrenn, Journalist;
£9.49
Bath Publishing Ltd The Family Court without a Lawyer: A Handbook for
Book SynopsisThe Family Court without a Lawyer is the book you need if you have to go to court to sort out issues over separation, money or children and do not have a lawyer to represent you. Since publication of the 1st edition in 2011 this book has helped tens of thousands of people better handle the stresses of going to court about disputes around money and children. The 4th edition - due for publication in June 2022 - is being fully updated to reflect the new no-fault divorce laws coming into operation on 6th April 2022, important new law and guidance relating to domestic abuse, plus the many other changes in practice since the 3rd edition. Lucy Reed is a barrister specialising in family law, and a legal writer. She has distilled the knowledge and expertise gained from representing clients in court over two decades to write the essential guide to the Family Court for the non-lawyer. In clear language she provides a thorough guide to the law that you will need to know, plus countless tips and insights on how you should best prepare and present your case such as: what to expect and where to go when you turn up at the court what to think about when deciding to question a witness how to challenge a judge's decision through an appeal clear explanations of legal terms, jargon and concepts All this practical advice and support makes The Family Court without a Lawyer much more than just a DIY divorce book. It is a practical tool to help you in court and a reference to help you understand what happens in the Family Court, whether or not you have a lawyer. The Family Court without a Lawyer is also useful if you are supporting someone through the court process, if you have a lawyer but want to gain a better understanding of what is going on in your case, or if you are considering what your options are before going to court.
£18.00
Amber Books Ltd Fakes, Scams & Forgeries: From Art to Counterfeit
Book SynopsisFor as long as historical annals have been kept, they have recorded the frauds and fakes that have been imposed upon innocent dupes. Perhaps the earliest Christian story of all is that which tells of the deception that Jacob practised on his unsuspecting father Abraham, pretending to be his brother Esau; and today the theft of identity is reported to be the most rapidly spreading crime. And throughout the ages works of art and literature, coinage, and documents of all kinds have been forged for profit, personal status – and even out of pure mischief. Fakes, Scams and Forgeries details many of the most notorious acts of forgery, fraud and fakery that have taken place over the centuries, describing how they were perpetrated, their acceptance by those who considered themselves experts, and how – often after many years – they were eventually detected. As well as providing entertaining and in-depth profiles of famous forgers and legendary frauds, the text deals with the many modern scientific techniques that have been developed for the examination of suspect materials.Table of ContentsSection 1: Funny Money The production of counterfeit coinage is as old as the first introduction of money: archeologists have discovered forged coins that were manufactured as much as three thousand years ago. The practice continued well into the twentieth century, but has now been largely superseded by the printing of counterfeit travellers’ cheques, banknotes, and stamps. After a brief survey of coin counterfeiting (and the penalties the counterfeiters suffered), this section will detail the techniques employed in forging security documents, from the earliest fake banknotes, laboriously engraved by hand, to the modern use of photolithography. Treasury experts have been unremitting in their attempts to develop documents that could not be copied, such as employing special papers, watermarks, the use of more than one printing process, and the incorporation of metallic strips and foils; but the forgers have been equally ingenious in finding ways round these obstacles, producing banknotes and cheques that look and feel, superficially, like ‘the real thing’. A selection of outstanding cases will provide details of their methods. This section also covers cryptocurrency. Among major stories covered in this section will be: Artur Alves Reis – forger of 60 million escudos of Portuguese banknotes Charles Black – printed $2 million a month Stephen Jorey – credited with £50 million forged notes Section 2: Fake Art Although there is evidence that some works of antiquity, believed at the time to be the work of a well- known sculptor, were in fact produced by another, unknown, hand, the deliberate production of fake work really dates from the seventeenth century, when collectors began to buy up art treasures from dealers or others, many of whom were far from scrupulous. This is, in fact, a distinctly grey area. At that time, many artists employed assistants and apprentices in their studios, themselves putting in perhaps only a few finishing touches, and signing the work as their own. Is a painting by Botticelli, for example, to which he added only a few folds of drapery, to be considered ‘a genuine Botticelli’? The plot thickens when another artist produces an original work – but exactly in the style of a well-known artist. This is a fake, and experts down the years have quarrelled over the question of attribution. Should the faking artist sign the work with the other artist’s name, or make a copy of an existing work, this is an act of forgery. And should he then sell it, or a dealer knowingly offer it for sale, fraud, a criminal offence, has been committed. Works of art covered in this section: The figure of sleeping Cupid, allegedly by Michelangelo The fake sculptures of Giovanni Bastianini The ‘antique’ coins of Carl Wilhelm Becker The ‘restored’ frescoes of Lothar Malskat Among the modern fakers and forgers detailed: Van Meegeren – and the ‘Vermeers’ he sold to the Nazis Tom Keating – and his ‘Sexton Blakes’ Elmyr de Hory – probably the most successful art faker of modern times Section 3: False Papers The ‘discovery’ of unknown works of literature has a long history. William Henry Ireland produced a wealth of Shakespeare documents, including two new dramas, in 1795. John Payne Collier was another forger of documents related to Shakespeare. Earlier, William Lauder had claimed that Milton’s Paradise Lost had been plagiarised from the work of other poets, much of which he invented. In 1773, James Macpherson published his ‘translations’ from the Gaelic of the poet Ossian, which achieved great popular acclaim. About the same time, Rudolf Erich Raspe published the first edition of his imaginary Adventures of Baron Munchausen. But many of these were fakes, rather than forgeries. The most notorious forger of antique documents was Thomas J. Wise, a distinguished late nineteenth century collector of old books. Three years before his death in 1937 – and after his collection had been sold to the British Museum – it was revealed that many of the books he had sold to other collectors were blatant forgeries. Denis Vrain-Lucas (1818-88) faked a huge quantity of autograph papers, ranging from a letter from Alexander the Great to Aristotle, and a letter from Mary Magdalene, to a ‘proof’ that Blaise Pascal had discovered gravitation fifty years before Isaac Newton. More recent forgers of documents – with huge sums expected for their sale: Konni Kujau – forger of the Hitler diaries Clifford Irving – forger of the memoirs of millionaire Howard Hughes Mark Hoffman – forger of Mormon documents, and the Oath of a Freeman Section 4: Phony Prehistory The most famous fraud in paleontology is the Piltdown skull, which for fifty years was believed to represent a vital ‘missing link’ between the apes and modern mankind. There have been others, however. During the nineteenth century, itinerant Edward Simpson, who became known as ‘Flint Jack’, sold fake flint arrowheads, primitive icons, seals and inscribed stones. It is relatively recently that a set of cave paintings, seemingly prehistoric, was revealed as the work of modern schoolboys. And a decision has yet to be reached about the strange hoard unearthed at Glozel, France, in 1924. Section 5: Bogus Identity The cases of Martin Guerre and Kaspar Hauser have puzzled historians for centuries. More recently, the claim to the Tichborne estate, and the possibility that Anna Andersen could be the Grand Duchess Anastasia, have been the subjects of innumerable books and several films. There are many other similar cases. This section will also look into the matter of identity theft, which has recently attracted widespread press attention. How easily it can be carried out is exemplified in Frederick Forsyth’s novel The Day of the Jackal. Section 6: The Confidence Tricksters False identities are often adopted by confidence tricksters. Among the principal cases to be described: ‘Count’ Victor Lustig - the man who sold the Eiffel Tower, twice. Harry Domela – who successfully passed himself off as the Kaiser’s grandson ‘Yellow Kid’ Weil – whose best-known ‘scam’ became the film The Sting Cyril Hoskins – who became the Lama Lobsang Rampa Hayden Haitana – changed the identity, not of himself, but of a racehorse Section 7: Faking for a Cause Not all fakes and forgeries are made for profit, or even for fun. Some are made deliberately to support a cause or a belief. During World War II, for example, the opposing sides produced all sorts of forged documents, some to protect agents working undercover, and some aimed at undermining enemy morale. Then there are the religious forgeries, from the ‘Protocols of Zion’ to the Turin Shroud. This section also looks at the Cottingley Fairies, a hoax perpetrated by two young girls, which completely fooled Sir Arthur Conan Doyle, creator of Sherlock Holmes. Section 8: Suspect Science A smattering of technical terms can often persuade the man-in-the-street of the most outrageous claims. Albert Abrams, whose ‘Dynamizer’ and ‘Oscilloclast’ made him over $2 million in the 1920s, was described by the American Medical Association as ‘the dean of all 20th century charlatans’. And there was the mysterious ‘black box’ of the 1950s, among many others. More serious, however, is when a qualified scientist fakes his experimental records – possibly the most notorious case being that of Paul Kammerer and the midwife toad. This section also covers Elizabeth Holmes and the Theranos scandal.
£16.99
Edward Elgar Publishing Ltd Research Handbook on Climate Change Mitigation
Book SynopsisThis meticulously revised second edition provides a comparative overview of climate change mitigation issues and international regulatory approaches, bringing together expert contributors to analyse key sectors such as energy, transport, cities, industry, land use, agriculture and waste.Governments around the world have been investigating techniques to reduce greenhouse gas emissions for decades. This detailed Research Handbook considers the spectrum of legal and market-based instruments, as well as strategies and policies adopted around the world, to propose more effective, comprehensive and responsive ways of managing climate change mitigation. As well as taking stock of the current and proposed legal instruments, the book investigates the wider policy and economic aspects of coping with climate change. It provides a comparative overview of key issues across Europe, the United States, Asia-Pacific and the BRICS countries, and discusses domestic, regional and international law and governance. Important issues such as carbon trading, financing and litigation are also addressed.This timely Research Handbook will be an authoritative resource for scholars of climate change law and policy, whilst also providing a rigorous overview for upper-level students. Policymakers will gain insights from the comparative perspectives, and practitioners will appreciate the broad range of practical issues addressed.Trade Review‘This book is unique in its kind as it brings together an amazing amount of experts in the field and at the same time it provides up-to-date and relevant information on climate change mitigation law. A must for every scholar and policymaker interested in climate change law and policy.’ -- Michael G. Faure, LL.M, Maastricht University and Erasmus School of Law Rotterdam, the NetherlandsTable of ContentsContents PART I CLIMATE CHANGE MITIGATION LAW – ARCHITECTURE AND GOVERNANCE 1 Climate change mitigation and the role of law 2 Leonie Reins and Jonathan Verschuuren 2 The evolving architecture of global climate law 17 Harro van Asselt, Michael Mehling and Kati Kulovesi 3 Climate change mitigation and the precautionary principle 43 Nicolas de Sadeleer PART II CLIMATE CHANGE MITIGATION LAW AND POLICY IN THE REGIONS 4 The European Union and its rule-creating force on the European continent for moving to climate neutrality by 2050 at the latest 58 Marjan Peeters and Delphine Misonne 5 Climate change mitigation law and policy in the United States and Canada 102 Katrina Fischer Kuh and Michael Charles Leach 6 Climate change mitigation law and policy in Central and South America 137 Juliana Zuluaga Madrid 7 Climate change mitigation law and policy in the Asia-Pacific 155 Alexander Zahar 8 Climate change mitigation law and policy in the Middle East 178 Mehdi Piri 9 Climate change mitigation law and policy in the BRICS 195 Rafael Leal-Arcas, Mariam Al Zarkani, Lina Jbara, Ruqaya Mohamed Mubwana, Marianna Margaritidou and Angela van der Berg 10 Climate change mitigation law and policy in Africa 239 Olivia Rumble and Andrew Gilder PART III OVERARCHING LEGAL TOOLS FOR CLIMATE CHANGE MITIGATION 11 Climate finance after Paris 262 David Driesen and Cinnamon Carlarne 12 Incentivizing carbon transition – a comparison of carbon trading in the EU and China 282 Stefan E. Weishaar, Kateryna Holzer and Bingyu Liu 13 Climate litigation in the context of mitigation: an evolving jurisprudence 306 Patrick Parenteau PART IV SECTORS 14 Regulatory and policy instruments to promote decarbonization in the energy sector 337 Sirja-Leena Penttinen 15 Transportation’s trinity and climate change mitigation 362 Tanveer Ahmad, Paul Fitzgerald and Jeffrey J. Smith 16 Cities and climate change mitigation law from a polycentric and comparative perspective 398 Cathrin Zengerling, Debora Sotto and Oliver Fuo 17 Agriculture, forestry and other land use (AFOLU) 432 Jonathan Verschuuren 18 Carbon majors, social choice, and anticommons: addressing climate change mitigation policy formation in the industrial sector 456 Roy Andrew Partain 19 Waste management 481 Geert Van Calster and Luna Aristei 20 Greenhouse gas removal 501 Tracy Hester and Kirsten Williams Index
£171.75
Intersentia Ltd Annotated Leading Cases of International Criminal
Book SynopsisAnnotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law, ICTY, ICTR, ICC and other forms of international criminal adjudication. The Annotated Leading Cases of International Criminal Tribunals are also available online. The service facilitates various search functions on all volumes of all international criminal tribunals. See for information on the online version of this series: http://www.annotatedleadingcases.com/about.aspx. Contributors: Manon Bax, Claire M.H. Boost, Michele Caianiello, Rebecca M. Heemskerk, Alexander Heinze, Michael J. Kelly, Andre Klip, Diletta Marchesi, Irene Milazzo, Luca Poltronieri Rossetti, Suzan van der Aa.Trade Review'Annotated Leading Cases of International Criminal Tribunals is a particularly useful reference and research tool for anyone interested in specific legal aspects of the law of the tribunals.'-- Frederik Naert in 49 Military Law and the Law of War Review (2010) 243.Table of ContentsAdmissibility (p. 11) Issues Relating to Appeal / Leave to Appeal (p. 29) Reparations ( p. 107) Stay / Termination of Proceedings and Withdrawal of Charges (p. 135) Disqualifi cation of Judges (p. 259) Change of Location of Proceedings (p. 281) Other Procedural Issues (0. 307) Victims (p. 443) Responsibilities/ Rights of States (p. 465) Interim Release of Detained Witnesses (p. 503) Presence of Accused at Trial (p. 531) Review of Detention (p. 605) Article 74 Judgment (p. 645)
£999.99
Intersentia Ltd European Employment Law
Book SynopsisEuropean employment law is becoming increasingly important. Its impact upon domestic law of the Member States in fields such as fixed-term employment contracts, collective redundancies or industrial action, is growing. This volume therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice. The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. A systematic presentation of the conflict of law rules in European Employment Law then follows: the Rome I and Rome II-Regulations, the Posting of Workers Directive and the Brussels Regulation on the recognition and enforcement of judgements. Subsequently, the author focuses on individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time; rules on atypical forms of employment (part-time, fixed-term and temporary agency work) and special groups of employees (mothers, parents, young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer and insolvency. This is followed by a discussion of collective labour law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, and to employment law rules contained in the Directive on cross-border mergers. European Employment Law is written for advanced students, academics and practitioners specialising in EU employment law.Table of Contents§1. European Employment Law: Introduction, Subject Matter, Sources of Law, Overview, Methods (p. 1) PART 1. FOUNDATIONS §2. Fundamental Rights (p. 51) §3. Fundamental Freedoms (p. 99) §4. Competition Law and Labour Law (p. 165) §5. Legislative Competences (p. 173) PART 2. CONFLICT OF LAWS §6. Conflict of Laws – The Rome I and Rome II-Regulations (p. 205) §7. The Posting of Workers Directive (p. 233) §8. The Brussels Ia-Regulation on Jurisdiction and the Recognition and Enforcement of Judgments (p. 257) PART 3. PROTECTION OF PERSONALITY RIGHTS CHAPTER 1. ANTI-DISCRIMINATION LAW§9. The Principle of Equality and Prohibitions of Discrimination – General Part: Sources of Law and Instruments of Protection (p. 273) §10. Prohibition of Sex Discrimination (p. 331) §11. Race Discrimination Directive (p. 369) §12. The Equal Treatment Framework Directive (Religion, Belief, Disability, Age and Sexual Orientation) (p. 375) CHAPTER 2. DATA PROTECTION§13. General Data Protection Regulation (p. 413) PART 4. INDIVIDUAL EMPLOYMENT LAW CHAPTER 1. EMPLOYMENT CONDITIONS§14. The Transparency Directive (p. 447) §15. Whistleblower Directive (p. 475) CHAPTER 2. WORKERS’ SAFETY AND HEALTH§16. The Safety and Health Framework Directive (p. 499) §17. The Working Time Directive (p. 519) CHAPTER 3. ATYPICAL FORMS OF EMPLOYMENT§18. Atypical Forms of Employment – Overview and General Part (p. 559) §19. The Part-Time Work Directive (p. 571) §20. The Fixed-Term Work Directive (p. 591) §21. The Temporary Agency Work Directive (p. 619) §22. The Temporary Work Health and Safety Directive (p. 641) CHAPTER 4. PROTECTION OF SPECIFIC GROUPS OF WORKERS§23. The Maternity Protection Directive (p. 647) §24. The Parental and Carers’ Leave Directive (p. 673) §25. The Young People at Work Directive (p. 693) CHAPTER 5. EMPLOYEE PROTECTION IN BUSINESS RESTRUCTURING AND INSOLVENCY§26. The Collective Redundancies Directive (p. 705) §27. The Transfer of Undertakings Directive – With an Appendix on the Takeover Directive (p. 735) §28. The Insolvency Protection Directive (p. 803) PART 5. COLLECTIVE EMPLOYMENT LAW §29. European Law on Employee Involvement – Introduction and Overview (p. 823) §30. The Information and Consultation Framework Directive (p. 845) §31. The European Works Council Directive (p. 863) §32. Employee Involvement in the European Company and in the European Cooperative Society (p. 903) §33. Cross-Border Structural Measures (Conversion, Merger, Division) and Employee Participation (p. 943) §34. Employee Involvement in the European Private Company (p. 977)
£190.95
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
Intersentia Ltd Enterprise Foundation Law in a Comparative
Book SynopsisEnterprise foundations are foundations which own companies. The term is not widely known, but many will recognize the names of companies like Bosch, Bertelsmann, Carlsberg, Hershey, Rolex, Investor or Tata Sons, which are owned by foundations or equivalent entities - stiftungen, trusts, fonde, stichtingen etcetera - whose names reflect their legal and national origins. Although enterprise foundations have been around for more than a century, they have recently attracted attention as embodiments of the purpose-driven company advocated by Colin Mayer, the British Academy, the World Economic Forum, George Serafeim and others. Many foundations are non-profits without a personal profit motive, which sets them aside from other corporations. Instead, they are legally bound by their purpose, which is typically to secure the longevity and independence of the companies that they own and to contribute to society through philanthropy. As perpetuities which cannot be dissolved, they are long-term owners. However, not all enterprise foundations are equally idealistic. Some have strong ties to the founding family and continue to support its descendants. Others similarly have ties to the government organizations, cooperatives or associations that helped establish them. This book will delve into the motivations and circumstances resulting in these fascinating divergences. Enterprise foundation law differs greatly around the world. Very few countries, like Denmark, have codified civil and tax law on the topic. Some - such as, until recently, the US - have effectively banned them. Others, like Germany, seek to limit foundation involvement in the underlying businesses. The tax treatment of foundations also varies considerably. Clearly there is much to be learned by mapping and analyzing the diversity here. This book provides an overview of enterprise foundation law in six European countries - Germany, Austria, Sweden, Denmark, Switzerland and Italy - which all host a number of important foundation-owned companies. A chapter on the US discusses to what extent enterprise foundations are permissible in the US. The book provides answers to the following questions on the subject: - Does foundation law allow enterprise foundations? If yes, with what qualifications? - Are enterprise foundations commonly used? What are the reasons for their popularity or lack of it? - What rules are in place regarding the purpose a foundation must have? Does running an enterprise alone suffices as a purpose for a foundation? - Does the law impose specific rules on foundation governance? - Are enterprise foundations subject to supervision by a public body? - To what extent are foundation enterprises favoured by the tax system? This book is written by prominent law professors from seven different legal systems. A final, concluding chapter compares foundation law in the seven nations. Although all countries permit enterprise foundations in some forms, Enterprise Foundation Law in a Comparative Perspective demonstrates that great differences can be found in the relevant civil and tax laws, which influence their prevalence and governance.
£71.25
Intersentia Ltd Between Sexuality, Gender and Reproduction: On
Book SynopsisThis book addresses the pluralisation of family forms as an expression of the transformation of society and its normative foundations. Against a legal background, the development of diverse family concepts and practices is examined and the (severed) links between sexuality, gender and reproduction are explored.
£101.65
Intersentia Ltd The African Continental Free Trade Area and the
Book SynopsisThe African Continental Free Trade Area (AfCFTA) Agreement is at the forefront of current African business, trade and legal discussions. The future of African development, on a continental level, is largely tied to the success or failure of this agreement. One of the primary concerns of legal professionals and the international business community is the dispute settlement mechanism that will be built into the agreement. African nations are also acutely aware of the importance of developing a dispute settlement system that strikes the right balance between the interests of international investors and the needs of local populations. However, to date, there has been very little published on this topic as it pertains to the AfCFTA. While several articles look at individual components of the complex topic of African dispute settlement, there are few publications that bring together the various aspects. Individuals shaping this discussion, particularly the legal practitioners working to influence the conversation on how disputes should be carried out under the agreement, will benefit from the comprehensive look provided within the book. Not only does the author provide sound foundational knowledge as to the current landscape of dispute settlement on the continent, but he also presents a clear path forward for the negotiation of the dispute settlement provision of the AfCFTA. The book begins by providing an overview of the current laws governing investment in Africa and the existing forums for resolving disputes over investments. Next, it explores the existing dispute settlement mechanisms that are currently being used on the continent, as well as current trends around the world. Finally, the book presents the author?s position that, taking into consideration these aspects of dispute settlement, Africa needs a continental court with clearly defined rules and procedures that protect the sovereignty of African nations while continuing to attract much-needed foreign investment. With its historical context and comprehensive overview of still existing, relevant regional bodies and processes, The African Continental Free Trade Area and the Future of Investor-State Dispute Settlement in Africa is an excellent resource for scholars and practitioners around the world, international investors, as well as African-based legal practitioners and government officials on the continent. It also serves as a guide for those at the centre of this conversation and will influence the decisions made as the agreement is further developed. Mouhamed Kebe is an attorney and the Managing Partner of GENI & KEBE, a full services law firm member of DLA Piper Africa, based in Senegal and Ivory Coast, with affiliate offices across several jurisdictions mainly in the Organization for the Harmonisation of Business Law in Africa (OHADA) region (Benin, Burkina Faso, Cameroon, Chad, Gabon, Guinea, Mali, Mauritania, Niger, Togo). He is a member of the Senegalese Bar and the Ivorian Bar and is top-ranked in Chambers Global, the International Finance Law Review and Who?s Who Legal Mining. He is also a member of the Court of Arbitration of the ICC, a member of the panel of arbitrators of the Common Court of Justice and Arbitration of the OHADA and a member of the panel of arbitrators of the China International Economic and Trade Arbitration Commission (CIETAC).
£999.99
Anthem Press Exploring Animal Crossing
Book SynopsisAnimal Crossing is an innovative virtual world with a global audience beyond traditional online gamers. The book is the first major study, offering an interdisciplinary exploration of copyright and other laws, user creativity and sociability, psychology, the virtual world's economic and technological basis, uptake during COVID-19, gamification of offline brands, relationships with past/contemporary computer games, and Animal Crossing as an example of the Japanification of online popular culture. The book provides insights for students, researchers and non-specialist readers.
£72.00
Anthem Press More Meditations of a Militant Moderate
Book SynopsisThe book collects almost thirty-five opinion pieces, essays, and two poems by the author on a wide variety of public policy topics written and published between 2006 and 2022. The author, a self-described “militant moderate,” draws on his participation in many public debates. The articles are grouped into six, topical groupings that range widely: the growing need for moderate voices in policy debates; the nature of American exceptionalism; the challenge of civic discourse; the depredations of the Trump years; and policies concerning immigration, citizenship, and refugees.Trade Review“In this book, Peter Schuck demonstrates compellingly that being a ‘moderate’ need not mean being wishy-washy. He rejects cant from all quarters, demands disciplined examination of factual evidence, and comes to provocative conclusions. Ideologues of all stripes should be forewarned: this book exemplifies intellectual independence.” — Richard Fallon, Story Professor of Law, Harvard Law School.“In this welcome sequel to his superb ‘Meditations of a Militant Moderate,’ Peter Schuck gives an object lesson in the two traits which our intellectual discourse desperately needs: common sense and wise judgment. His verve and passion dispatch the myth that moderates are milquetoasts. Slaying shibboleths about everything from abortion and immigration to cancel culture and campus crybullies, Schuck shows again why his voice is unique and necessary.” — Jonathan Rauch, Senior Fellow at the Brookings Institution. “Suffering from low blood pressure? Peter Schuck’s More Meditations of a Militant Moderate is the perfect cure. Whether you are politically left, right, or center, you will find thrilling support for and infuriating refutation of positions you embrace. But most of all, you will revel in the pleasure of reading the muscular prose of a vigorous intellect wrestling honestly with issues that will surely matter deeply to you.” — Henry J. Aaron, Bruce and Virginia MacLaury Fellow, the Brookings Institution.Table of ContentsPart 1: Preface and Part 1; Part 2: American Exceptionalism; Part 3: Civic Discourse; Part 4: The Misbegotten Trump Presidency; Part 5: Campus Follies; Part 6: Immigrants, Citizens, and Refugees
£76.00
Bloomsbury Publishing PLC Thinking without Desire: A First Philosophy of Law
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£95.00
Bloomsbury Publishing PLC Critical Studies in Ancient Law, Comparative Law and Legal History: Essays in Honour of Alan Watson
Book SynopsisThis important collection of essays is at the cutting edge of contemporary research on Roman law, comparative law, and legal history. The international and distinguished group of authors address some of the most lively contemporary problems in their respective fields, and provide new perspectives and insights in a wide range of areas. With a firm focus on texts and contexts, the papers come together to provide a coherent volume dedicated to one of the greatest contemporary Romanists, legal historians and comparative lawyers. The book covers Professor Watson's main fields of interest in a clear and accessible form, while also making available the scholarship of some individuals who do not normally publish in English. This fully-indexed volume will be of interest to all scholars and students of Roman law, ancient Jewish and Chinese law, legal history and comparative law, and will be useful for teaching and research in these fields.Trade ReviewLes lecteurs jurists seront sans doute captivs par cette tude de la problmatique des institutions anciennes dans le contexte de leur influence et de leurs rapports avec le droit actuel. A. M. Revue Internationale de droit Compare March 2001 The challenge for the cataloger is providing access to the many fine essays in an eclectic work. Gretchen Feltes International Journal of Legal Information June 2002Table of ContentsRoman law: was acceptilatio an informal act in classical Roman law?, Hans Ankum; solutio and traditio, J. L. Barton; actor and defendant in negatoria servitutis, L. Capogross Colognesi; some reflections on history and dogma as jurists' tools, Guiliano Crifo; D.33.1.20.1 (scaevola 18 dig.) revisited, Robert Feenstra; death, taxes and status in Pliny's "Panegyricus", Jane F. Gardner; translation and interpretation, William M. Gordon; the case of the deliberate wine spill, Herbert Hausmaninger; de jurisprudentia, Neil MacCormick; pigs, boars and livestock under the lex aquilia, Grant McLeod; "galba negabat", A.D. Manfredini; partes iuris, Theo Mayer-Maly; unus testis nullus testis, Antonino Metro; unpardonable crimes - fourth century attitudes, O.F. Robinson; the praetor hoist with his own petard - the palingenesia of Digest 2.1.10, Alan Rodger; maiestas in the late republic - some observations, Robin Seager. Other ancient laws: oral establishment of dowry in Jewish and Roman law - d'varim haniknim ba'amira and dotis dictio, Ranon Katzoff; cause, status and fault in the traditional Chinese law of homicide, Geoffrey MacCormack; the septuagint as nomos - how the Torah became a "civic law" for the Jews of Egypt, Joseph Meleze Modrzejewski; basics of Roman and Jewish intestacy, Reuven Yaron. Transplants, receptions and comparisons: the education and qualification of civil lawyers in historical perspective - from jurists and orators to advocates, procurators and notaries, Hans W. Baade; the moveable text of MacKenzie - bibliographical problems for the Scottish concept of institutional writing, John W. Cairns; restitution, repetition, recompense and unjustified enrichment in Scots law, Robin Evans-Jones; John Adams and the whale, Andrew Lewis; Leibniz's "Elementa Iuris Civilis" and the private law of his time, Klaus Luig; classifying crimes, R.A.A. McCall Smith; the shifting focus of adoption, Joseph W. McKnight; girth - society and the law of sanctuary in Scotland, Hector L. MacQueen; descendit ad inferos - and Belial sued Jesus Christ for trespass, Eltjo Schrage; saving souls through adoption - legal adaptation in the Dutch East Indies, A. J.B. Sirks; legal chance and Scots private law, Joe Thomson; quod raro fit, non observant legislatores - a classical maxim of legislation, Andreas Wacke; Kasper Manz, a German jurist in the seventeenth century - a man of theory and practice, Gunter Wesener; a note on regulae luris in Roman law and on Dworkin's distinction between rules and principles, Laurens Winkel.
£144.00
Bloomsbury Publishing PLC The Constitutional Foundations of Judicial Review
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£90.00
Bloomsbury Publishing PLC Family Lawyers: The Divorce Work of Solicitors
Book SynopsisRecent changes to the legal aid system and the promotion of mediation have put the future of family law work in doubt. The legal process is widely perceived as being in itself harmful to the resolution of family disputes and wastefully expensive. Yet such attitudes are based on little evidence. Family Lawyers considers these issues on the basis of research into the way family lawyers deal with their divorcing clients, and how this fits into their general legal practice. It examines how solicitors negotiate both with their clients and with the "other side", how long cases take and what causes delays, and whether clients get value for their money. At a time of great change within the delivery of legal services, this book provides an insight into the real world of family solicitors, and will allow a more balanced assessment of the role and of the place of the law in this aspect of social life.Trade Review...fascinating reading Geraldine Horwood New Law Journal October 2000 Ultimately, one has to believe, work such as this does have influence beyond academia. Certainly it deserves to have. Gwynn Davis Journal of Law and Society October 2000 ...a thought-provoking debate on family law at the turn of the twentieth century. The contributions provide an interesting analysis of the main issues Loise Spitz University of Toronto Law Journal December 2002Table of Contents1. The Policy Context 2. The Data Collection 3. Family Solicitors: the Workforce and the Work 4. Observing a Dual Profession 5. Solicitor and Client: Support and Negotiation 6. The "Other Sid": Achieving Settlement 7. Outcomes: Are Solicitors Cost-Effective? 8. Process Issues: Duration and Cost 9. Conclusions: Family Law Practice - A Business or a Profession?
£90.00
Bloomsbury Publishing PLC Comparative Consumer Insolvency Regimes: A
Book SynopsisAll modern legal systems with advanced economies must address the question of how to respond to the needs of insolvent consumers whose burden of debt greatly exceeds their capacity to repay within a reasonable time frame. This study surveys comparatively the insolvency regimes currently in place or likely to be adopted in the foreseeable future in Canada,the United States, Australia, England and Wales, Scotland, Scandinavia and a representative group of Western countries on the continent of Europe. Modern legal systems have two basic alternatives in providing relief for over-committed consumers. The first, which involves restricting the enforcement of individual creditor remedies is a method with which this study is not concerned. Where the consumer is seriously insolvent and owes money to many creditors, a different approach is required -- a collective solution to debtor's problems - and this, the solution provided by modern insolvency systems, is the focus of this study.Trade Review...should have a lasting influence on the continuing debate about consumer credit and consumer bankruptcy going on across Europe. Adrian Walters Journal of Consumer Policy, Vol.28, Issue 2 2005 We are much indebted to Hart Publishing. So far as I am aware, no books dealing with consumer insolvency have previously been published in this country, and we now have two [Comparative Consumer Insolvency Regimes and Consumer Bankruptcy in Global Perspective] launched in the same month. And they are in many respects complementary, even to the point of having cross-references to each other, as well as being especially timely, in view of the reforms to the law of bankruptcy in England and Wales effected by the Enterprise Act 2002 The two books are a rich source of comparative study extending over a wide range of jurisdictions. These well-researched and informative books make most interesting reading and are to be commended to general as well as specialist readers. Len Sealy Cambridge Law Journal August 2004Table of ContentsPart A Introduction 1 Purpose of Study Part B Country Surveys 11 2 Canada 3 United States 4 Australia 5 England and Wales 6 Scotland 7 Scandinavia and Continental Countries of Western Europe Part C Assessing the Various Insolvency Regimes and Suggestions for Changes 8 Assessment and Suggestions for Changes
£85.50
Bloomsbury Publishing PLC Adapting Legal Cultures
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£123.50
Bloomsbury Publishing PLC Judging the Judges, Judging Ourselves: Truth,
Book SynopsisWith a Foreword by the South African Minister of Water Affairs and Forestry, Kader Asmal. The Truth and Reconciliation Commission (TRC), established in South Africa after the collapse of apartheid, was the bold creation of a people committed to the task of rebuilding of a nation and establishing a society founded upon justice, equality and respect for the rule of law. As part of its historic, cathartic, mission, the TRC held a special hearing, calling to account the lawyers - judges, academics and members of the bar -who had been crucial participants in the apartheid legal order. This book is an account of those hearings, and an attempt to evaluate, in the light of theories of adjudication, the historical role of the judiciary and bar in the apartheid years. This book offers us the spectacle of an entire legal system on trial. The echoes from this process are captured here in a way which will appeal to all readers, lawyers and non-lawyers alike, interested in the relationship between law and justice, as it is exposed during a period of transition to democracy. "...an excellent commentary on a crucial period...a clear, concise and thorough analysis...This book should be required reading for anyone with a concern for the relationship between law and justice. .." -Paul Williams (Journal of Modern African Studies) "a sustained reflection on questions of complicity, on the politics of the Rule of Law, and on the relation between law and justice. It presents a forceful case for an 'inner morality' not just of law, but of the citizenry's attitude towards that law". -Scott Veitch (Res Publica) "The Truth and Reconciliation Hearings, as rendered in Professor Dyzenhaus' book, capture the misery and suffering of a nation. Sometimes almost unbearable to read, it is a fascinating account of the human dimensions of law's effect...the book is as much about hope as it is about pain. Judging the Judges, Judging Ourselves is singularly effective in combining a scholarly dissection of legal issues with an underlying, passionate quest for justice. To this reader at least, it was a page-turner" -Vivian Grosswald Curran (Alberta Law Review) "...an excellent book for at least three reasons. First, it is a critically engaged, firsthand account of a unique legal and political event...Second, it develops an extended argument for a challengingly normative conception of the rule of law. And third, the book is well written and a pleasure to read." -Michael Milde (Canadian Journal of Law and Jurisprudence) "Dyzenhaus's sophisticated treatment...may yet serve as a benchmark statement in future debates, whether or not one agrees with its philosophical point of departure." -Aletta J. Norval (Constellations) "As legal fora increasingly lose direct state-related implementation power as a result of globalization and regionalization, judges will need to consider methods that pursue civil and social justice when actual implementation is likely to be imperfect or ineffectual. Judging the Judges, Judging Ourselves is an excellent contribution to considerations of this historical dilemma." -John P. McCormick (New York University Journal of Law and Social Change) "...the author subjects to sustained critical analysis fundamental concepts, such as judicial independence, parliamentary sovereignty and the rule of law, which go to the very heart of the judicial function...This is a splendid book." -The Hon Sir Anthony Mason "Judging the Judges, Judging Ourselves underscores the imperative that, as the idea of equal citizenship takes root in the new South Africa, the links between social justice and procedural morality should be forged rather than assumed." -Christine Sypnowich (Oxford Journal of Legal Studies)Trade ReviewThrough his close scrutiny of the Legal Hearing of the South African Truth and Reconciliation Commission, Dyzenhaus renders notable service as an historian and philosopher of law. His book becomes an intentional part of the work of the tribunal and an enduring part of the archive in the 'struggle against forgetting' (p.182). His admonitions and arguments about law help us to understand possibilities and pitfalls of the ongoing work of democratic law in all societies. Peter d'Errico The Law and Politics Book Review June 2004 ...provides an excellent commentary on a crucial period of the TRC's investigations designed to highlight the unavoidable connections between philosophy, law and politics...a clear, concise and thorough analysis...This book should be required reading for anyone with a concern for the relationship between law and justice as well as those with a specific interest in the particularities of the South African transition. Paul Williams Journal of Modern African Studies June 2002 The Truth and Reconciliation Hearings, as rendered in Professor Dyzenhaus book, capture the misery and suffering of nation. Sometimes almost unbearable to read, it is a fascinating account of the human dimensions of laws effect, an illustration of Robert Covers thesis that law does not merely perpetrate and depend on violence, but that it is violence. Professor Dyzenhaus argues that law also can offer the promise of justice. In this respect, the book is as much about hope as it is about painJudging the Judges, Judging Ourselves is singularly effective in combining a scholarly dissection of legal issues with an underlying, passionate quest for justice. To this reader at least, it was a page-tuner, as the author alternated among legal theory, argument and testimony. In the context of the voices of the dispossessed, quoted word for word, no doubt can remain as to why the questions this book poses are vital, or as to whether we need be concerned with trying to formulate and articulate the theoretical underpinnings of judicial systems and the appropriate conduct of judges. Vivian Grosswald Curran Alberta Law Review September 2002 Judging the Judges, Judging ourselves is an excellent book for at least three reasons. First, it is a critically engaged, firsthand account of a unique legal and political event: the inquiry by South Africa's Truth and Reconciliation Commission into the operation of that country's legal system under Apartheid. Second, it develops an extended argument for a challengingly normative conception of the rule of law, complete with compelling practical illustrations of what can happen if officials charged with maintaining the integrity of a legal system adopt a less substantive standard. And third, the book is well written and a pleasure to read. Michael Milde Canadian Journal of Law and Jurisprudence September 2002 ...a sustained reflection on questions of complicity, on the politics of the Rule of Law, and on the relation between law and justice. In the argument's unfolding it comes to be a challenge not only to South African lawyers' self-understanding of their past roles and present and future commitments, but also to lawyers and western legal systems more generally. It presents a forceful case for an 'inner morality' not just of law, but of the citizenry's attitude towards that law. Scott Veitch Res Publica September 2002 ...the author subjects to sustained critical analysis fundamental concepts, such as judicial independence, parliamentary sovereignty and the rule of law, which go to the very heart of the judicial functionThis is a splendid book. The Hon Sir Anthony Mason Law Society Journal September 2002Table of ContentsChapter 1. Truth, Memory and the Rule of Law Chapter 2. Judicial Dilemmas: Tales of (Dis)empowerment Chapter 3. Memory’s Struggle Chapter 4. The Politics of the Rule of Law Schedule of the Hearing 184
£26.99
Bloomsbury Publishing PLC Unfair Contract Terms in European Law: A Study in Comparative and EC Law
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£80.75
Bloomsbury Publishing PLC The Irish Yearbook of International Law, Volume 1 2006
Book SynopsisThe Irish Yearbook of International Law is intended to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also make an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy. Further details of the IYIL can be seen at: www.hartjournals.co.uk/iyil/.
£95.00
Bloomsbury Publishing PLC Death Rites and Rights
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£76.00
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
