This innovative book examines why national courts refer preliminary references to the European Court of Justice (ECJ), and what the referring court does with the answers. Jasper Krommendijk highlights the three core stages in the interaction between national courts and the ECJ: question, answer and follow-up, shedding new light on this under-explored area. Closing the gap between empirical interview data, and case law analysis, chapters use a unique combination of the two research methods to consider two current, and one former, EU Member States. The book demonstrates that judges extensively use the procedure and follow its outcome almost without exception, despite dissatisfaction and criticism regarding the absence of a true dialogue. By embedding the examples in the book in appropriate theory, this study will provide a useful read for students of EU law, particularly those wanting to better understand its consequences in the national legal order. Its recommendations for good practices in the ECJ and national courts will also be helpful to legal practitioners, judges and legal secretaries.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This Research Agenda maps thought-provoking research trends for the next generation of interdisciplinary human rights scholars in this particularly troubled time. It charts the historic trajectory of scholarship on the international rights regime, looking ahead to emerging areas of inquiry and suggesting alternative methods and perspectives for studying the pursuit of human dignity. Chapters written by international experts cover a broad range of topics including humanitarianism, transitional justice, economic rights, academic freedom, women's rights, environmental justice, and business responsibility for human rights. The book highlights the importance of contemporary research agendas for human rights being centred on questions of governance and fulfilment, shifting responsibilities, rights interdependence and global inequality. This is a critical read for students and scholars of human rights law, politics and international relations. The strong forward-looking agenda and coverage of a large number of fields within human rights studies will be helpful for advanced students looking for new areas of study for research projects.

In this thought-provoking book, Gunter Frankenberg explores why authoritarian leaders create new constitutions, or revise old ones. Through a profound analysis of authoritarian constitutions as phenomena in their own right, Frankenberg reveals their purposes, the audiences they seek to address and investigates the ways in which they fit into the broader context of autocracies. Frankenberg outlines the essential features of authoritarianism through a discussion of a variety of constitutional projects in authoritarian settings: the executive style of opportunist, informal governing, political power as private property, participation as complicity, and the cult of immediacy that is geared towards fantasies of a community of the followers and their leader. He also takes a comparative approach to authoritarian constitutions, drawing out the relationships between them, as well as providing a critique of the discourse around populism and authoritarianism. Authoritarianism will be critical reading for scholars of constitutional law, as well as political scientists, who will find its comparative analysis of political systems in this context invaluable. It will also be useful to students of comparative law and political science for its clear explanation of the characteristics of authoritarianism across regimes.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This succinct Advanced Introduction delivers insights into the pressing technological, political, and legal challenges of cybersecurity. Exploring cybersecurity threats on both a national and global scale, it provides guidance on how countries use domestic and international law to counter crime, terrorism, espionage, and armed conflict in cyberspace. Key features: Centres cybersecurity law within the internet as a technology, cyberspace as a political and governance space, and transformations in international relations over the past twenty years Tracks how the development of policies on responding to different cyber threats, improving cyber defences, and increasing cyber deterrence affects the use and effectiveness of cybersecurity law Analyses whether the ongoing evolution of cyber threats changes, or should change, how countries apply domestic and international law to counter cybersecurity challenges concerning crime, terrorism, espionage, and armed conflict This Advanced Introduction is an invaluable resource for researchers and students of law, public policy, and international relations focusing on how digital technologies, the internet, and cyberspace affect world affairs. It also serves as an accessible entry point for government, corporate, and NGO staff concerned with cybersecurity law.

This timely book explores how the internet and social media have permanently altered the media landscape, enabling new actors to enter the marketplace and changing the way that news is generated, published and consumed. It examines the importance of citizen journalists, whose newsgathering and publication activities have made them crucial to public discourse and central actors in the communication revolution. Investigating how the internet and social media have enabled citizen journalism to flourish, and what this means for the traditional institutional press, the public sphere, and media freedom, the book demonstrates how communication and legal theory are applied in practice. Peter Coe advances a concept of 'media as a constitutional component', which distinguishes media from non-media actors based on the functions they perform, rather than institutional status, and uses this to provide a conceptual framework that recognises modern newsgathering and publication methods. This interdisciplinary book analyses the legal challenges created across a range of topical issues, including online anonymity and pseudonymity, defamation, privacy and public interest, contempt of court and press regulation. Media Freedom in the Age of Citizen Journalism will be a key resource for students, scholars, practitioners and policy-makers of information and media law, constitutional administrative law, communication and media studies, journalism and philosophy.

This timely Handbook brings together leading international scholars from a range of disciplinary backgrounds and geopolitical perspectives to interrogate the intersections between migration and global justice. It explores how cross-border mobility and migration have been affected by rapid economic, cultural and technological globalisation, addressing the pressing questions of global justice that arise as governments respond to unprecedented levels of global migration. Chapters analyse the key issues arising from tensions between international and national priorities, duties and laws, as well as visions for human coexistence and harmony. Featuring chapters written by researchers, political activists and contributors with lived experience of migration injustice, the Handbook explores central topics including failures in refugee protection, worker exploitation and violence against migrants. Looking ahead, it also discusses possible pathways to achieve global justice in and through migration, in terms of geopolitics, subjective experience, human rights and redistributive justice, global solidarity and political activism. Combining empirical case studies with cutting-edge theory, this Handbook will be an invaluable resource for scholars and students of migration, human rights and public policy. The application of the global justice concept to issues of migration and border control will also be useful for policy makers, practitioners and NGOs in these areas.

This illuminating book offers a timely assessment of the development and proliferation of precursor crimes of terrorism, exploring the functions and implications of these expanding offences in different jurisdictions. In response to new modes and sources of terrorism, attempts to pre-empt potential attacks through precursor offences have emerged. This book examines not only the meanings and effectiveness of this approach, but also the challenges posed to human rights and social and economic development. Featuring contributions from leading academic and practitioner experts in counter-terrorism law, the book covers the broad scope of activities tackled by these new legal interventions, including membership, collaboration, communications, training and financing. Taking a comparative approach that relies on extensive experience in various jurisdictions, including the UK and Spain, the chapters also discuss important related issues such as international cooperation, investigations and penology, offering insights into the context of policies and practices. Scholars and advanced students of criminal and human rights law with an interest in terrorism and terrorism offences will find this book essential reading. It will also benefit legal practitioners and policy makers in fields such as international criminal law cooperation and counter-terrorism.

This timely book explores pertinent questions around the legitimacy and effectiveness of EU agencies'AEo soft law, with a particular focus on the European Securities and Markets Authority (ESMA). It examines the variety of ESMA'AEos existing and newly granted soft law-making powers, which were intended to deal with the lack of effectiveness of its predecessor but are now called into question due to the 'AEohard'AEo effect of these soft laws. Built on a combination of theoretical analysis and first-hand practical experience, Marloes van Rijsbergen tests the framework for each category of ESMA'AEos soft law instruments at each stage of the policy cycle, demonstrating that the framework can be applied to other EU agencies with similar soft law-making powers. This unique framework assesses which procedural and institutional safeguards regarding EU agencies' soft law would reflect an adequate balancing of both legitimacy and effectiveness concerns. Comprehensive yet accessible, this book will be a key resource for students and scholars of EU financial law, constitutional law, public administration and governance. Providing an evaluation of the legal nature of ESMA'AEos soft law acts in the context of the financial sector, it will also prove valuable for practitioners, compliance officers and parties establishing other EU agencies.

This insightful book focuses on the application of mass surveillance, its impact upon existing international human rights and the challenges posed by mass surveillance. Through the judicious use of case studies State Sponsored Cyber Surveillance argues for the need to balance security requirements with the protection of fundamental rights. The author makes a case for the adoption of a multilateral cyber surveillance treaty, together with a review of whether online privacy has yet become a rule of customary international law. Chapters provide a comprehensive and up-to-date account of the right to privacy of communications under the International Covenant on Civil and Political Rights, the European Convention on Human Rights and the American Convention on Human Rights, as well as guiding the reader through the taxonomy of cyber intelligence operations. Eliza Watt also offers insightful studies of the differences between cyber espionage, cyber electoral interference and mass cyber surveillance. This innovative, thought-provoking book will greatly assist legal practitioners, policymakers and government advisers within the fields of international law and privacy. Students and academics will also be provided with a focussed account and in-depth analysis of recent developments in the law around cyber.

This volume brings together reflections on citizenship, political violence, race, ethnicity and gender, by some of the most critical voices of our times. Detailed and wide-ranging individual reflections, take the writings of prominent Ugandan political theorist Mahmood Mamdani as a touchstone for thinking about the world from Africa. Contributors apply this theory to argue that we cannot make sense of the political contentions of difference, identity and citizenship today without understanding the legacies of colonial rule on our world. Chapters examine the persistence of the past, and how we must reckon with its tragedies, its injustices, and its utopias in order to chart a new politics; the politics of possible futures that are more inclusive and more egalitarian, and that can think of difference in more equitable ways. In a time when the call to decolonize knowledge, and politics rings loud and clear, this is both a timely and a crucial intervention.

Advocating a style of law and a role for legal agency which returns to its essential humanist ideology and represents public spiritedness, this unique book confronts the myths surrounding globalisation, advancing the role for law as a change agent unburdened from its current market functionality. Mark Findlay argues that law has a new and urgent relevance to confront the absence of resilience in self-determined market places, and to make coherent the anarchic forces which are running, and ruining the world. The inevitability of law's re-invention during global crises is considered, offering a critical evaluation of the future of legal agency, service delivery and access to justice. Chapters also engage with citizen-centric surveillance society to examine the dangers to personal data, individual integrity, and work-life quality from unregulated mass data sharing. Exciting and thought-provoking, this book will be critical reading for scholars and students in law, economics and governance interested in globalisation and crises, such as pandemics, as well as populist politics and anxiety governance.

Extraterritoriality in East Asia examines the approaches of China, Japan, and South Korea to exercising legal authority over crimes committed outside their borders. It considers examples of legislation and judicial decision-making and offers a deeper understanding of the topic from the perspective of this legally, politically, and economically significant region. Beginning with a foundational overview of the principles of jurisdiction in international law, as well as identifying current challenges to those principles, subsequent chapters analyse the ways in which extraterritorial jurisdiction operates and is regulated in China, Japan, and South Korea. Danielle Ireland-Piper contextualizes contemporary issues within a historical narrative of each country and concludes by exploring areas of convergence and divergence between them. This book will be of particular interest to scholars and students of comparative, criminal, constitutional, and international law, as well as international relations, especially in the context of East Asia. Law-makers and practitioners, such as criminal lawyers and prosecutors, will also find its contemporary analysis useful.

Government rules and inspectors can be an important tool to ensure trust in markets, and to protect citizens against hazards. There is, however, a perception that businesses and individuals only comply with rules because of the threat of punishment. From Chasing Violations to Managing Risks examines what actually makes people change their behaviour and how to effectively achieve the objectives of regulations. Building on decades of research, Florentin Blanc examines the development of inspection institutions and their practices, and assesses their varying effectiveness, and the reasons behind this. Bringing together historical, theoretical, and practical perspectives, Blanc provides '?large scale?' testing of models through comparative case studies considering practices and their outcomes. By examining case studies, Blanc also assesses how inspection institutions might accomplish better results with less bureaucracy, comparing in particular occupational safety across France, Germany and Great Britain, identifying the key differences between the three, and asking how Britain has achieved a better safety record with fewer inspections (but more efforts to manage risks through other instruments). This book will be invaluable for practitioners of regulatory reform and public administration, as well as for students and researchers of these topics who will benefit from the unique synthesis of historical, theoretical and practical perspectives on the subject.

With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens' initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states. Chapters explore and lay the scientific basis for answering crucial questions such as 'Where should the legal limits of direct democracy be drawn?' and 'Who should review compliance with these limits?' Providing a comparative analysis of the different issues in the selected countries, the book draws out key similarities and differences, as well as an assessment of the law and the practice at national levels when judged against the international standards contained in the Venice Commission's Guidelines on the Holding of Referendums. Presenting an up-to-date analysis of the relationship between popular sovereignty and the rule of law, The Legal Limits of Direct Democracy will be a key resource for scholars and students in comparative and constitutional law and political science. It will also be beneficial to policy-makers and practitioners in parliaments, governments and election commissions, and experts working for international organisations.

This insightful book thoroughly examines how the EU's return acquis is inspired by, and integrates, international migration and human rights law. It also explores how this body of EU law has shaped international law-making relating to the removal of non-nationals. Set against the background of the classic doctrine on the 'autonomy of EU law' and the EU's objective to 'develop international law', Tamas Molnar depicts a legally sound and elaborate picture of the EU's return acquis vis-a-vis international law, both internally and externally. From the perspective of the EU legal order, it offers important insights into this field from both a constitutional perspective and from the point of view of the substantive area of migration law. Chapters provide in-depth analysis of the EU's return-related legislative developments reflecting international law and the expanding return-related jurisprudence of the EU Court of Justice. Bridging the gap between EU and international law, which both have unique characteristics and are often studied in different spheres, this book will appeal to academics and practising lawyers dealing with the expulsion of migrants in irregular situations. It will also be a useful read for law scholars, practitioners and postgraduate students who wish to further their understanding of the interactions between these two legal orders.

The principle of effective judicial protection ('PEJP') is specifically provided for in the EU Charter of Fundamental Rights Article 47. But how effective is the provision and the protection it affords? This ambitious, innovative project examines that question over two volumes. In the first volume an expert team explores how the Court of Justice of the European Union (CJEU) has interpreted the PEJP, as expressed in particular by Article 47, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Taking both a horizontal interpretation, analysing the constitutional themes in play, and a vertical one, which looks at the Court's interpretation in specific policy areas, it shows the interplay of the protection within the wider architecture of the EU. Addressing key questions such as legal certainty, judicial autonomy and division of competences, it significantly adds to our understanding of judicial protection within the EU.

A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This research handbook s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts - spearheaded by the first edition - to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines. A particular focus is on administrative independence with its manifold implications for separation of powers, democratic self-government, and the boundary between law, politics, and policy. Several chapters highlight the tensions between impartial expertise and public accountability; others consider administrative litigation and the role of the courts in reviewing both individual decisions and secondary norms. The book concludes by asking how administrative law is shaping and is being shaped by the changing boundaries of the state, especially shifting boundaries between the public and the private, and the national and the supranational domains. This extensive and interdisciplinary appraisal of the field will be a vital resource for scholars and students of administrative and comparative law worldwide, and for public officials and representatives of interest groups engaged with government policy implementation and regulation. Contributors: B. Ackerman, A. Alemanno, M. Asimow, J.-B. Auby, D. Barek-Erez, J. Barnes, P. Cane, P. Craig, D. Custos, M. D'Alberti, L.A. Dickinson, C. Donnelly, Y. Dotan, B. Emerson, T. Ginsburg, D. Halberstam, H.C.H. Hofmann, G.B. Hola, C.-Y. Huang, N. Kadomatsu, K. Kovacs, P. Lindseth, M.E. Magill, J. Mashaw, J. Massot, J. Mathews, J. Mendes, G. Napolitano, D.R. Ortiz, T. Perroud, M.M. Prado, A. Psygkas, V.V. Ramraj, D.R. Reiss, S. Rose-Ackerman, M. Ruffert, J. Saurer, K.L. Scheppele, J.-P. Schneider, M. Shapiro, B. Sordi, L. Sossin, P. Strauss, A.K. Thiruvengadam, A. Vosskuhle, J.B. Wiener, T. Wischmeyer, J.-r. Yeh

Governments have always endured economic woes, but the increasing severity of such challenges, from the Great Recession starting in 2008 to the unprecedented impact of the COVID-19 pandemic, highlights the need for better-developed fiscal analysis capacity in governments of all sizes using the most practical-yet robust-techniques available. This volume presents an array of real-world analytical approaches in a variety of service areas at the core of state and local government. The concrete insights provided by this book serve as important tools for policy analysts, government officials charged with policy implementation, and public finance scholars across developing and developed countries looking for the essential, high-level analytical skills needed to expand internal capacity to weather uncertain economic environments. The book bridges the research-practice gap and provides practical tools for state and local fiscal analysis, including a detailed how-to guide for producing local tax expenditure reports, an age-based homestead exemption estimate calculator with guide, and simple methods for fuzzy matching administrative data. It is backed up with a depth and breadth of case studies on governments of a variety of sizes. Public officials and analysts in local state/regional institutions and international institutions with a public policy focus as well as public finance scholars across developing and developed countries will find invaluable the analyses and tools provided by this book. It also serves as a key resource for students, researchers, and instructors across public policy.

Renmin Chinese Law Review, Volume 8 is the eighth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China. This book offers a comprehensive and judicious discussion on the study of Chinese law, with chapters covering a wide range of topics including federalism in the Chinese legal system, labor contract law, and the Chinese civil code. With detailed and original selections from distinguished contributors, the book also provides insight into areas such as industrial policy, copyright infringement, and property law. This diverse and contemporary work will appeal to scholars of Chinese law, society, and politics as well as members of diplomatic communities and legal and governmental professionals interested in China.

This insightful book assesses the theory of constitutional pluralism in light of the events of the Eurozone crisis of the past decade. Based on an analysis of how national courts reviewed the crisis response mechanisms and participated in the European-level political process, Tomi Tuominen argues that constitutional pluralism is not a valid normative theory of European constitutionalism. The analysis of crisis response mechanisms focuses on how the lack of a proper economic policy competence for the EU affected the formation of the measures and is at the root of the criticism concerning these mechanisms. Furthermore, the author connects discussions on the Eurozone crisis and constitutional pluralism in an innovative fashion, whilst also explaining how asymmetry and pluralism are linked. A novel reading on the horizontal and vertical aspects of Article 4(2) TEU is also developed throughout. Utilizing up-to-date and original analyses, The Euro-Crisis and Constitutional Pluralism will be an important read for scholars and students of European law, EU constitutional law and public policy.

Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power. Chapters investigate the complex relationship and potential relationships between crowdsourcing, democratic constitutionalism and the network society, exploring the strengths and weaknesses of crowdsourcing in this area. This thought-provoking book concludes that constitutionalism is further strengthened because the democratic legitimacy of the constitutional text is reinforced via this mechanism. Antoni Abat i Ninet conceives constitutional crowdsourcing as an epistemic response, an opportunity to place the people at the heart of constitutionalism in the new digital era. Engaging and accessible, Constitutional Crowdsourcing will be of benefit to students and scholars of legal theory, constitutional and administrative law, political science and constitutions. Its forward-looking aspect will also appeal to public officers seeking a better understanding of the potential impact of constitutional crowdfunding.

This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court's role in enforcing the limits of EU competence in the EU's political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level. Why should the Court be bound by these principles? What do they mean when applied to judicial practice? To what extent are they observed in the free movement case law? The book argues that the Court's observance of the four principles has been inconsistent, thereby creating substantive and constitutional tensions in the EU's relationship with the Member States and upsetting the institutional balance of powers between the EU legislature and judiciary.

This fresh and insightful Research Handbook delivers global perspectives on information law and governance, delving into principles of information law in the areas of trade secrecy, privacy, data protection and cybersecurity. Providing US, Japanese and European perspectives, this Research Handbook presents an overview of legal regimes concerning the protection of information, with a particular focus on trade secrecy protection. Top international contributors offer analyses of general principles of information law, rights in data, the tension between trade secrecy and the freedom of information and the cross-fertilisation between national and regional data protection regimes. Presenting an interdisciplinary and holistic approach to information law and governance, this innovative Research Handbook will be useful to those researching trade secrets, privacy and data security laws. The broad range of perspectives will also appeal to attorneys and information professionals who are engaged in information governance activities on behalf of their clients or employers.