As public infrastructure, health and other services are being delivered more frequently through Public-Private Partnerships (PPPs) and concessions, this timely book explores these complex contractual arrangements involving cooperation between public and private sectors. It considers how PPPs have become increasingly prevalent following the 2008 financial crisis and examines the applicable legal regimes that are still, to a large extent, unclear to many. Containing in-depth investigation into EU law and comparative national experiences in relation to PPPs and concessions in 7 EU Member States and the UK, the contributions in this incisive book address the weak points in the current legal regime. Chapters analyse the risks faced by contracting authorities in connection to PPPs and concessions while highlighting good practices from different countries that may be considered for wider adoption across the EU. Public-Private Partnerships and Concessions in the EU will be a key resource for scholars and students of public administrative law and businesses seeking to procure contracts to create PPPs, as well as being of value to practitioners and policy makers at both EU and national levels. Contributors include: P. Bogdanowicz, K. Bonsignore, R. Caranta, P. Cerqueira Gomes, A. Christidis, M.E. Comba, D.C. Dragos, N. Gabayet, C. Kroenke, P. Patrito, C. Risvig Hamer, P. Telles, P. Valcarcel Fernandez, R. Vornicu

This comprehensive Handbook takes a multidisciplinary approach to the study of parliaments, offering novel insights into the key aspects of legislatures, legislative institutions and legislative politics. Connecting rich and diverse fields of inquiry, it illuminates how the study of parliaments has shaped a wider understanding surrounding politics and society over the past decades. Through 26 thematic chapters, expert contributors analyse parliamentary institutions from various disciplinary perspectives (history, law, political science, political economy, sociology and anthropology). A wide range of approaches is covered, including the sociological study of members of parliaments, gender studies and the mathematical conceptualisation of legislatures. Exploring the history of parliament, the concepts and theories of parliamentarism, constitutional law, and the linkages between parliaments and the administrative state or with populism, this incisive Handbook provides a panoramic view of this institution. Chapters also map the main trends, patterns of developments and controversies related to parliaments, assessing the strengths and weaknesses of current research and identifying a range of promising avenues for further study. Drawing together international and comparative approaches, the Handbook of Parliamentary Studies will be a critical resource for academics and students of parliamentary politics, political science, political economy, public law and political history. It also provides a vital foundation for researchers of legislative and political institutions.

Drawing insights from economics and political science, Judging Regulators explains why the administrative law of the US and the UK has radically diverged from each other on questions of law, fact, and discretion. This book proposes an original interdisciplinary theory that integrates the concept of veto-gates into a strategic model of judicial review of administrative action. It argues that long-term changes in the number of effective veto-gates in the US and the UK are the key to understanding the antithesis that emerged between their administrative jurisprudence. It then forecasts the future of Anglo-American administrative law in light of recent destabilizing political developments, such as attempts by the US Congress to abolish Chevron deference and the UK Supreme Court's interventionist decision in R (on the application of Miller) v. The Prime Minister. A crucial overview of the history and future of administrative law, this book is critical reading for scholars and students of public law and comparative law, particularly those focusing on comparative administrative law in common law contexts. Its theoretical insights will also be useful for political scientists and economists interested in judicial politics and regulation.

Large-scale adverse health and developmental outcomes related to tobacco affect millions of people across the world, raising serious questions from a human rights perspective. In response to this crisis, this timely book provides a comprehensive analysis of the promotion and enforcement of human rights protection in tobacco control law and policy at international, regional, and domestic levels. This thought-provoking book offers significant new insights to the topic, laying the foundations for a human rights based approach to tobacco control. Addressing the function of law as a tool to help combat one of the major public health challenges facing society, contributions by global scholars rebut human rights claims presented by the tobacco industry. Emphasis is instead placed upon the human rights of vulnerable individuals, children in particular, as a result of smoking and exposure to second-hand smoke. Illustrating ways in which the right to health can be advanced with regards to tobacco control, smoking and the use of e-cigarettes, this important book will be a vital resource for human rights and health law scholars and practitioners as well as policy makers in public health law. Contributors include: D. Barrett, D. Beyleveld, O.A. Cabrera, A. Constantin A. Garde, M.E. Gispen, L. Gruszczynski, J. Hannah, S. Karjalainen, L. Lane, S. Lierman, A.L. McCarthy, A. Mitchell, S. Negri, O. Nnamuchi, M. Roberts, A. Schmidt, M. Sormunen, A. Taylor, B. Toebes, M. van Westendorp, Y. Zhang

This is the first book to offer a profound, practical analysis of the framework for the judicial and pre-judicial protection of rights under the supranational banking supervision and resolution powers in the European Banking Union (EBU). It is also unique in its in-depth commentary on the developing case law from the European Court of Justice in this new field of EU litigation. Key features include: clarity on the procedural requirements for judicial review a comprehensive commentary on the existing case law of EU courts in the field insight and analysis from front-line practitioners, as well as expert scholars a detailed and up-to-date examination of banking supervision and resolution in the EBU discussion of the development of EBU law as a crucial area of EU law and its integration into the EU's legal order. This book is a must-read for practitioners in the field of banking law and regulation. In particular it will be the authoritative reference point for those working in European and national public institutions such as supervisory and resolution authorities, courts, central banks and ministries of finance, as well as those working in or advising private organisations concerned with the exercise of supervisory and resolution powers. The book will also be of significant interest to scholars and postgraduate students of EU financial and banking law and governance.

This collection identifies and discusses the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into uses of human dignity to promote and challenge ideas of identity and solidarity. Highlighting human dignity's significance for inclusive democracy, the book's thirteen chapters underline how threats to human dignity can also be a danger to democracy itself. Critical analysis of the commitment to protect the dignity of all human beings following the rise of nationalism, illiberalism and identity politics are thoroughly reviewed. The volume further addresses urgent questions about today's democratic societies in the context of Europe's multiple crises. Written in an accessible style, this innovative book will be an excellent resource for both scholars of human dignity and human rights law, European law and politics, as well as non-experts looking to further their understanding of the topic.

Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation. Eminent scholars and practitioners in the field reflect on why states implement, or fail to implement, obligations and decisions from the supranational level. The Research Handbook reviews the relevant terminology, recent trends, and the theoretical and methodological perspectives and strategies, before rethinking these explanations and offering original scholarship on human rights implementation. Chapters then consider the roles and interplay of various domestic and international actors involved in human rights implementation, including parliaments, national courts, civil society and treaty bodies. The Research Handbook concludes by assessing tools of implementation, including monitoring systems, the role of negotiations and diplomacy, compliance hearings, and the use of IT for compliance. Exploring the entire process of human rights law implementation from recommendation to execution to follow up, this comprehensive Research Handbook will be an invaluable resource to students, scholars and practitioners interested in the decisions and judgements behind the implementation of human rights law.

This theoretically ambitious work combines analytical, institutional and critical approaches in order to provide an in-depth, panoramic and contextual account of European Union citizenship law and policy. Offering a refreshing perspective on the origins, evolution and trajectory of EU citizenship law, Dora Kostakopoulou explores recent developments, controversies and challenges, including Brexit, and fills a lacuna in the existing literature. Through an interdisciplinary approach, this insightful book combines legal studies with normative political theory, political science, sociology and critical migration studies in order to arm readers with the tools required to appreciate and understand the constructive potential and transformative effects of this fascinating and unique institution. Provocative and forward-thinking, it provides glimpses of an alternative future for EU citizenship. Students and scholars working in European law and policy, citizenship, migration and internal market law will find this book to be an engaging and timely read. Its more practical elements will also appeal to government officials, lobbyists and practitioners involved in law and policy-making, as well as to individuals working on transnational processes and globalisation.

Constitutions and Religion is the first major reference work in the emerging field of comparative constitutional law and religion. It offers a nuanced array of perspectives on various models for the treatment of religion in domestic and supranational legal orders. Arranged into five main sections, the Research Handbook addresses a range of topics through the lens of comparative constitutional law, including history, concepts and theories; models of managing religion; the politics of religion; supranational constitutionalism and challenges and controversies. The contributors take an interdisciplinary approach to survey historical, legal, political and philosophical views of the contemporary multifaceted treatment of religion within the constitutional order. Chapters explore in depth the interplay between domestic, European and international law, the interaction of the traditions of the major religions with the constitutional ordering of religion and the state, as well as the key challenges brought about by the repoliticizisation of religion. This innovative Research Handbook will be a definitive resource for academics and students interested in religious studies, international and European Union law, international relations, comparative constitutionalism, history, legal and political theory, and sociology.

This book takes a new approach to post-socialist constitutional change in Europe and Eurasia. It views these constitutions as the products of the collapse of Europe's last empire, the Soviet Union. This book therefore seeks to understand these constitutions as more than just post-authoritarian texts, but also as post-colonial ones. This post-colonial paradigm provides a new set of tools for understanding constitutional dynamics in key countries within the European Union as well as the former Soviet republics to the East. In particular, it helps explain democratic backsliding in Central Europe (such as Hungary and Poland), authoritarian resilience in many of the former Soviet republics (including Russia, Belarus, and Kazakhstan) as well as ongoing struggles about national identity in places like Ukraine and Moldova. Partlett and Kupper's application of the post-colonial paradigm to the former Soviet world contributes to our understanding of post-colonial constitutionalism. This insightful book therefore appeals to the comparative constitutional academic community as well as the broader academic community interested in post-colonialism. It will also be of interest to a general audience interested in better understanding the former socialist bloc countries.

This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights. Leading experts in the human rights field representing a range of disciplines outline a future research agenda to address poverty and inequality head on. Beginning with an interrogation of the definition of poverty, subsequent chapters analyse the dynamics of poverty and inequality in relation to matters such as race, gender, age, disability, sexual orientation, geography and migration status. The rights to housing, land, health, work, education, protest and access to justice are also explored, with a recognition of the challenges posed by corruption, climate change and new technologies. The Research Handbook on Human Rights and Poverty is an essential reference guide for those who teach in these areas and for scholars and students developing future research agendas of their own. This will also be a much-needed resource for people working practically to address poverty in both the Global North and Global South.

This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and costs, it asks the provocative question, can we still afford human rights? Expert contributors illustrate the interdependence between these three key issues in an unprecedented way, addressing many of the contemporary criticisms voiced against the human rights system and the reasons for popular skepticism about human rights. In order to interrogate the deficiencies of the UDHR, chapters analyse the following questions: Can and should we keep claiming that human rights are universal? Is their proliferation rendering human rights meaningless? And have human rights become too costly? The book concludes that there is a pressing need for a renewed and lasting commitment to human rights. We cannot afford not to afford human rights. This book will be a valuable resource for academics and students of international relations, the political sciences and comparative legal studies. Covering policy and advocacy issues as well as the evolution of case law regarding particular human rights, it will also be beneficial for policy-makers and human rights practitioners.

While military law is often narrowly understood and studied as the specific and specialist laws, processes and institutions governing service personnel, this accessible book takes a broader approach, examining military justice from a wider consideration of the rights and duties of government and soldiers engaged in military operations. By exploring the relationship between the military and society, Nigel White develops a nuanced rationale for military justice. Making the case for both the continuation of military justice and key reforms, he analyses the military's place in society and recognises the wider influences of justice and law upon it. Throughout the book, military justice is framed broadly to cover all relevant laws including service law, constitutional law, the law of armed conflict, international human rights law and international criminal law. This discussion is supported with analysis of a range of jurisprudence from domestic and international courts. The book considers the legal problems that arise in different military contexts, as well as positioning military justice as a balance between the rights and duties of government and those of soldiers. Tackling an important and timely topic, Military Justice will be key reading for academics, researchers and students within the fields of human rights, public international law, conflict and security law, and especially those with an interest in service law, military history and war studies. It will also be a useful reference point for practitioners working within relevant prosecuting authorities and within law firms offering legal advice to soldiers.

This timely book is a crucial resource on the rich diversity of African constitutional law, making a significant contribution to the increasingly important field of comparative constitutional law from a historically understudied region. Offering an examination of substantive topics from multiple jurisdictions, it emphasises issues of local importance while also providing varied perspectives on common challenges across the continent. Divided into four thematic parts, chapters cover a wide array of subjects including a variety of constitutional rights, the regulation of political parties, constitutional formation and amendments, and the influence of regional organizations. Featuring contributions both from scholars from Africa and from outside the region, the book elucidates Africa's place within the growing discourse of comparative constitutional law. Opening up new cases and vistas of study, this book will be a vital read for all scholars and students of comparative constitutional law. It will also be of interest to practitioners and policymakers working on constitutional issues, as well as those interested in African politics and constitutional development more broadly.

This Research Handbook is an insightful overview of the key rules, concepts and tensions in privacy and data protection law. It highlights the increasing global significance of this area of law, illustrating the many complexities in the field through a blend of theoretical and empirical perspectives. Providing an excellent in-depth analysis of global privacy and data protection law, it explores multiple regional and national jurisdictions, bringing together interdisciplinary international contributions from Europe and beyond. Chapters cover critical topics in the field, including key features of the General Data Protection Regulation (GDPR), border surveillance, big data, artificial intelligence, and biometrics. It also investigates the relationship between privacy and data protection law and other fields of law, such as consumer law and competition law. With its detailed exploration and insights into privacy and data protection, this Research Handbook will prove a useful resource for information and media law students as well as academics researching fields such as data protection and privacy law and surveillance or security studies.

Law is a radical and accessible look at the English legal system. It aims to set out a highly critical examination of the English legal system and legal profession. The politicised nature of the critique distinguishes the book from others and provides an alternative approach currently lacking from legal publications. Its aims are: To illustrate the central role of money in the English legal system. To explain the ongoing presence of class justice. To revisit dissenting voices of English law. To discuss law as an industry. To continue to emphasise the illegality of the Iraq war. To argue for the demystification of English legal rules. To put forward realistic suggestions for alternative legal practice.

This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights (ESCR), as well as the connection between ESCR and other rights. Offering an authoritative analysis of standards and jurisprudence, it argues for an expansive and inclusive approach to ESCR as human rights. Expert contributors discuss ESCR-related structures and mechanisms in the international, regional and domestic spheres, and chapters explore the details, interpretations and current developments of each thematic right, illustrating the critical cross-cutting and fault line issues relating to global ESCR. Taking a far-sighted approach, contributors critically assess the failure of dominant human rights paradigms to address ESCR and/or create a framework for multilateral responses to emerging global threats, arguing that a robust, reinforced ESCR approach and practice is needed to meet the human rights challenges of the 2020s. This Research Handbook is a valuable contribution to the human rights field. Providing an overview of ESCR-related systems, cases and challenges around the world, it will be particularly beneficial for advocates, scholars and students interested in international human rights as well as to lawyers and judges considering ESCR in the context of domestic law. International and local NGOs and human rights organizations will also find this an essential guide on mechanisms to advance ESCR as human rights. Contributors include: R. Balakrishnan, J. Bourke-Martignoni, M.V. Bras Gomes, L. Chenwi, J. Chowdhury, A. Corkery, C. de Albuquerque, K. Donald, J. Dugard, S. Gloppen, M. Gomez, J. Heintz, D. Ikawa, V. Krsticevic, C. O'Cinneide, K. Paterson, B. Porter, V. Roaf, I. Saiz, M. Sepulveda, C. Vallejo, F. Veriava, S. Wilson, A.E. Yamin

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the concept of allegiance and its revival in recent times, identifying and contextualising its evolving association with theories of citizenship. The book explores how allegiance was historically owed in return for the sovereign's protection but has been redeployed by modern governments to justify the withdrawal of protection. It examines allegiance from multiple perspectives, including laws for the revocation of citizenship, new ideas of citizenship education, the doctrine of treason, oaths of allegiance, naturalisation tests, and theories of belonging. This thought-provoking book ultimately finds allegiance to be a feudal concept that is inappropriate in the liberal democratic state, and is misplaced, even dangerous, in its association with modern citizenship. Rejecting allegiance, but reaching a constructive resolution, it explores modern alternatives to describe the bond between citizens, advancing a new perspective on the 'enigma' of belonging. With its carefully constructed analysis, this work will prove pivotal in furthering our understanding of allegiance and citizenship. Its legal-theoretical account of a complex and under-theorised concept make it valuable reading for legal and political theorists, legal historians, and scholars of citizenship, law, and social politics.

A thrilling, behind-the-scenes account of the revolutionary Roe v. Wade Supreme Court ruling. The Justices Behind Roe V. Wade offers a front-row seat to the inner workings of the Supreme Court that led to the monumental Roe v. Wade decision. Spanning from 1969 to 1972, Pulitzer Prize-winning author Bob Woodward and coauthor Scott Armstrong report on the masterful maneuvering and politicking that affected the court's decisions and created obstacles for the landmark ruling. Abridged from the #1 bestseller The Brethren, this is an exquisite work of reporting on one of the most important rulings of the United States.

Although Native Americans have been subjugated by every American government since The Founding, they have persevered and, in some cases, thrived. What explains the existence of separate, semi-sovereign nations within the larger American nation? In large part it has been victories won at the Supreme Court that have preserved the opportunity for Native Americans to 'make their own laws and be ruled by them.' The Supreme Court could have gone further, creating truly sovereign nations with whom the United States could have negotiated on an equal basis. The Supreme Court could also have done away with tribes and tribalism with the stroke of a pen. Instead, the Court set a compromise course, declaring tribes not fully sovereign but also something far more than a mere social club. This book describes several of the most famous Supreme Court cases impacting the course of Native American history. The author provides an analysis of canonical American Indian Law cases with historical and legal context and brings a fresh perspective to the issues. Law students, policy makers and judges looking for an introduction to American Indian Law will gain an understanding of this complicated history. This exploration will also appeal to academics interested in a new perspective on old and current cases.

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.

This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court's legal foundations, functioning and legitimacy, both in theory and in practice. Leading scholars and legal practitioners take a multidisciplinary approach to challenge the view that international law is not limited or bound by a particular culture, arguing instead that law and culture are intertwined. Analysing how culture influences views of the law, the facts to which it applies, and the fairness of the outcome, the contributors consider the implications of culture and law for the ICC and its international reach. Chapters discuss important intersections of law and culture, from religion and politics to the definition of international crimes and their interpretation by judges. Highlighting the inherent but often overlooked role of 'culture' at the ICC, the book puts forward recommendations to aid the Court s future considerations. This book is a valuable resource for academics and students in a variety of fields including law, criminology, anthropology, international relations and political science. Its practical focus is also beneficial for legal practitioners and civil society organisations working in international criminal justice.