This comprehensive publication analyzes numerous aspects of the relationship between judicature and the fair trial principle in a comparative perspective. In addition, it examines the manifestation of some of the most significant elements inherent to the fair trial concept in different legal systems. Along with expansion of judicial power during the past century and with the strengthening of judicial independence, the fair trial requirement has appeared more often, especially in different international agreements and national constitutions, as the summarizing principle of what were formerly constitutional principles pertaining to judicature. Despite its generality and supranational application, the methods of interpreting this clause vary significantly among particular legal systems. This book assumes that the substantive content of this term conveys relevance to the organizational independence of judicial power, the selection of judges, and the mutual relationship between the branches of power. The comparative studies included in this collection offer readers a widespread understanding of the aforementioned correlations and will ultimately contribute to their mastery of the concept of fair trial.

"An indispensable and provocative guide through the thicket of today's most challenging constitutional controversies by some of the most eminent judges of their time. It offers an invaluable peek behind the curtain of judicial decision making." -David Cole, Professor of Law, Georgetown University The Embattled Constitution presents the fourth collection of the James Madison lectures delivered at the NYU School of Law, offering thoughtful examinations of an array of topics on civil liberties by a distinguished group of federal judges, including Justice Stephen Breyer of the U.S. Supreme Court. The result is a fascinating look into the minds of the judges who interpret, apply, and give meaning to our "embattled Constitution." In these insightful and incisive essays, the authors bring to bear decades of experience to explore wide-ranging issues. Are today's public schools racially segregated? To what extent can the federal courts apply the Bill of Rights without legislative guidance? And what are the criteria for the highest standards of judging and constitutional interpretation? The authors also discuss how and why the Constitution came to be embattled, shining a spotlight on the current polarization in both the Supreme Court and the American body politic and offering careful and informed analysis of how to bridge these divides. Contributors include Marsha S. Berzon, Michael Boudin, Stephen Breyer, Guido Calabresi, Robert H. Henry, Robert Katzmann, Pierre N. Leval, M. Blane Michael, Davis S. Tatel, J. Harvie Wilkinson, III, and Diane P. Wood.

When we talk about what "freedom of speech" means in America, the discussion almost always centers on freedom rather than speech. Taking for granted that speech is an unambiguous and stable category, we move to considering how much freedom speech should enjoy. But, as Randall Bezanson demonstrates in "Speech Stories," speech is a much more complicated and dynamic notion than we often assume. In an age of rapidly accelerated changes in discourse combined with new technologies of communication, the boundaries and substance of what we traditionally deem speech are being reconfigured in novel and confusing ways.

In order to spark thought, discussion, and debate about these complexities and ambiguities, Bezanson probes the "stories" behind seven controversial free speech cases decided by the Supreme Court. These stories touch upon the most controversial and significant of contemporary first amendment issues: government restrictions on hate speech and obscene and indecent speech; pornography and the subordination of women; the constitutionality of campaign finance reform; and the treatment to be accorded new technologies of communication under the Constitution. The result is a provocative engagement of the reader in thinking about the puzzles and paradoxes of our commitment to free expression.

Party funding has given rise to great controversy since 1997, and continues to do so. In recent years, row has followed row - from million-pound donations, to the so-called 'loans for peerages' affair. The question was the subject of an official investigation by Sir Hayden Phillips, whose blueprint for reform was produced in March 2007. This book charts the evolution of the party funding problem in recent years and explores the weaknesses of the Political Parties, Elections and Referendums Act 2000, which was enacted in a vain attempt to clean up British politics. The book sets out a number of core principles which should inform the development of public policy in this field, and examines the different strategies for the implementation of these principles. Having regard to the experience of othercountries, including Canada, Germany and Sweden, a radical framework ofreform is proposed, designed to address the emerging crisis of party government with serious implications for democracy itself. The main concern is with the development of bold reform initiatives to encourage political parties to recruit and retain members, and give members rights in relation to the government and administration of these parties. This thoughtful yet hard-hitting account by one of the leading scholars in the field will be of interest to constitutional lawyers and political scientists, as well as journalists and those with an interest in the way we are governed.

The author offers an extensive survey of the most important court decisions that have attempted to delineate the rights of those who want to express their views and those who want to control access to private property. Among the other topics discussed are commercial speech, political advertising, picketing, and pornography. Extensively documented; it contains a selected bibliography, a subject index, and a case index. Written with a legal audience in mind, but may be read with profit by others interested in the topic. For upper levels. "Choice"

This book offers an informed discussion of the legal issues involved in free speech on private property and examines the important cases that have established precedents for protected forms of speech in quasi-public forums. Following a general introduction to the freedom of speech issue, Freedman explores the evolution of legal thinking on the subject by examining such developments as restrictions on freedom of speech, state action under the First and Fourteenth Amendments, governmental speech restrictions on private property, picketing, petitioning, and electioneering, as well as the issue of pornography under the First Amendment. Throughout, the discussion is presented in a readable yet fully documented format. Guidelines for the regulation of interest groups and their activities on private property are also provided.

A powerful analysis of why lies and falsehoods spread so rapidly now, and how we can reform our laws and policies regarding speech to alleviate the problem. Lying has been with us from time immemorial. Yet today is different-and in many respects worse. All over the world, people are circulating damaging lies, and these falsehoods are amplified as never before through powerful social media platforms that reach billions. Liars are saying that COVID-19 is a hoax. They are claiming that vaccines cause autism. They are lying about public officials and about people who aspire to high office. They are lying about their friends and neighbors. They are trying to sell products on the basis of untruths. Unfriendly governments, including Russia, are circulating lies in order to destabilize other nations, including the United Kingdom and the United States. In the face of those problems, the renowned legal scholar Cass Sunstein probes the fundamental question of how we can deter lies while also protecting freedom of speech. To be sure, we cannot eliminate lying, nor should we try to do so. Sunstein shows why free societies must generally allow falsehoods and lies, which cannot and should not be excised from democratic debate. A main reason is that we cannot trust governments to make unbiased judgments about what counts as "fake news." However, governments should have the power to regulate specific kinds of falsehoods: those that genuinely endanger health, safety, and the capacity of the public to govern itself. Sunstein also suggests that private institutions, such as Facebook and Twitter, have a great deal of room to stop the spread of falsehoods, and they should be exercising their authority far more than they are now doing. As Sunstein contends, we are allowing far too many lies, including those that both threaten public health and undermine the foundations of democracy itself.

Examines adminstrative law and administrative institutions in Central and Eastern Europe, Using case studies, the book discusses each country in the region.

This book offers a unique overview of the main legal systems of administrative sanctions with thorough analyses of the administrative law sanctioning systems in 13 Member States and the European Union. The focus is on both remedial and deterrent sanctions in administrative law. Especially where deterrent sanctions are involved, the aspects of national and international constitutional law are analysed as well as the influences of criminal law approaches in this legal area. After a general analysis of the definitions of sanction, thorough country analyses are presented of Austria, Belgium, Finland, France, Germany, Greece, Italy, the Netherlands, Portugal, Romania, Spain, Sweden and United Kingdom. The book concludes with an analysis of administrative sanctions in EU Law. This collection is the result of an expert meeting of and a cooperation between specialists in both criminal law and administrative law. In part, this project was supported by the Dutch Research Foundation (Nederlandse Organisatie voor Wetenschappelijk Onderzoek) and the Dutch Ministry of Security and Justice.

Colonialism led to the importation, or better still imposition, of European administrative systems on the indigenous people of Africa. France specialized in this, practicing direct rule and an assimilation policy in their colonies up to the time of independence. In Cameroon, French administrative law ("droit adminstratif") became part of the national legal system. In this highly original new book, Cameroonian legal scholar Moye Godwin Bongyu explores the intersection of public administration and the state, colonization and administrative systems, public and private laws, rule of law, and comparative administrative law. He then addresses laws relating to administrative organization in Cameroon. Part Three of the book deals with laws governing administrative resources. Part Four describes practical administrative action and the civil procedure. Part Five focuses on the control to administrative action, examining the submission of the administration to specific law, as well as the history, rules, and procedures of administrative justice in Cameroon.

Young lawyers from different academic centres in Germany and Poland comment on the ongoing constitutional debate in the EU. Each of the more than 20 articles is dedicated to a specific theme, i.e. human rights, institutional design, current and future function of the EU, homogeneity and identity, security and defence policy, home policy and common values. Similarities as well as differences in the perspectives of an old EU Member State on the one hand and an EU Member State-to-be on the other hand are revealed.

This textbook analyses from an economic perspective the phenomena of public law, the constitution, the democratic and political process, federalism, NGOs, administration and state decisions. It also examines selected fields of administrative law, including finance and tax law, public economic law and environmental law. Although the book uses examples from different legal orders, it maintains a focus on continental European law, as it aims to advance the law and economics approach in Europe.

Creating the Constitution presents a different interpretation of the Convention and the First Congress, derived largely from a close reading of Farrand's Records and the Annals of Congress. Among its special features are a critical perspective on the Framers, an examination of Court Whig influence on the Federalists, the identification of a third group--the state Federalists--between the nationalists and states' righters, and a view of the First Congress as distorting the aims of the Convention.

This book aims to explore the construction of Chinese law, with an evolution that has been strongly inspired by international law that has functioned as a "pioneer of legal civilization" in China. Chinese law is a fluid sedimentation of traditional elements of Chinese culture and the internalization of external elements. The internal dimension of Chinese legal evolution therefore coincides with a progressive incursion also at the international level, questioning the traditional rules of international relations. The most relevant and comprehensive concept that has been proposed by China in recent years is certainly the idea of building a "community of shared future for mankind." This aspiration demonstrates a global and integral vocation of international law capable of embracing relations of a new type, towards a multi-polar democratization of international relations, which mark the need for the beginning of a new era.  

In Equality and Liberty in the Golden Age of State Constitutional Law, Jeffrey Shaman closely examines the evolution of liberty and equality under state constitutions from both a historical and jurisprudential perspective. The rise of New Judicial Federalism has allowed many states to rediscover their own empowerment in enacting their own constitutions. As the New Judicial Federalism gained ground, it was found to be that state constitutional law is an extremely important source for the protection of individual rights and liberties. These state constitutions can be interpreted however the state sees fit, and act independently of federal constitutional law. Shaman explains that this rise has caused these states to recognize individual civil rights or liberties beyond those recognized under the Federal Constitution. Professor Shaman emphasizes how important state constitutional law is in the protection of the rights of the individual. Since these states are acting under their own constitutional law and guidance, their constitutions provide an extension of the individual's rights to privacy, civil rights, and liberties. State courts and constitutions have also pioneered a trend in recognizing and expanding abortion rights and some have granted rights to same-sex civil unions, and in some states, same-sex marriages. This trend eventually caught the attention of the U.S. Supreme Court to finally follow suit. This book will prove to be an intriguing read for lawyers, judges and scholars alike who are interested in the protection of their individual state rights as well as their federal rights.

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

In September 2001, the world witnessed the horrific events of 9/11. A great deal has happened on the counterterrorist front in the 20 years since. While the terrorist threat has greatly diminished in Northern Ireland, the events of 9/11 and their aftermath have ushered in a new phase for the rest of the UK with some familiar, but also many novel, characteristics. This ambitious study takes stock of counterterrorism in Britain in this anniversary year. Assessing current challenges, and closely mirroring the 'four Ps' of the official CONTEST counterterrorist strategy - Protect, Prepare, Prevent, and Pursue - it seeks to summarize and grasp the essence of domestic law and policy, without being burdened by excessive technical detail. It also provides a rigorous, context-aware, illuminating, yet concise, accessible, and policy-relevant analysis of this important and controversial subject, grounded in relevant social science, policy studies, and legal scholarship. This book will be an important resource for students and scholars in law and social science, as well as human rights, terrorism, counterterrorism, security, and conflict studies.

Prompted by unification, the German constitution has undergone the most fundamental re-examination since the foundation of the Federal Republic. The high hopes of many that the achevement of unification ould be crowned by a new constition for Germany have been dashed; but although continuity may seem to prevail, unification and, even more so, the process of European integration have provided powerful forces of constituional change. This volume seeks to identify some of the central challenges which constitional policy faces and analyzes how, and with what degree of success, they are being met.

Principles of French Constitutional Law offers a concise and accessible account of the key principles and rules of constitutional law in the French legal system. With its particular historical background since the chaotic post-revolutionary period and current specific mechanisms, French constitutional law offers a fascinating object of study for anyone interested in public law and the broader area of comparative constitutional studies. This textbook will equip students with an understanding of the current Fifth Republic and how constitutional rules are adopted and applied, and affect other areas of law and politics. It offers a critical account of the 1958 Constitution's past, present and future by placing it in its political and socio-historical contexts and critically assessing contemporary developments and constitutional reforms. Given the growing expansion of this branch of law in the French legal system (in particular the case law on the priority preliminary rulings on the issue of constitutionality) and the growing relevance of comparative legal studies, the book will make a significant contribution to the knowledge exchange in teaching and learning. Principles of French Constitutional Law will be structured around the following main themes: (i) The bases of French constitutional law with theoretical developments about key notions of constitutional law such as the state, the constitution, as well as historical background of French constitutional law (ii) The Fifth Republic of France with coverage of the main powers, namely executive, legislative and judiciary with particular emphasis on constitutional review and justice and (iii) A practical part on legal education dealing with the emergence of French constitutional law as an academic subject of research and teaching, as well as with the method of teaching as illustrated by typical legal exercises.