This book offers a comprehensive assessment of the successes and failures in China's current legal system construction. It systematically and comprehensively examines the development of China's rule of law policy since the reform and opening up, as well as future trends. The main areas covered include: The course, achievements and motivation behind China's construction of law-based administration; Development, status quo and general characteristics of administrative legislation; Reform of the administrative examination and approval system and the administrative licensing system; The relationship between social security system reform, beneficial administration and service government; The development of administrative law in China; Origin of the concept of due process, experiences with and development trends concerning China's administrative legislative procedure; The importance of government information, open practices, problems and development trend; History, current situation, reform mechanism of the emergency management system and the improvement of the legal system for emergency requisitions; The course, practical problems in and reasons for the enhanced approach of administrative reconsideration system; The course, achievements in, current situation and enhanced approach of administrative litigation system; The course of the national compensation system; and the construction of responsible government and administrative accountability system.

This book focuses on the enforcement of EU financial law on the national and supra-national levels. Emphasis is laid on the interaction between the EU and national levels (vertical interaction), as well as between the private, administrative, and criminal law levels (horizontal interaction). The book takes a multi-jurisdiction and inter-disciplinary approach and covers a range of issues that are highly topical, such as the new EU Anti-Money Laundering regime, and the ReNEUAL model for administrative law. Over the last few decades, EU financial law has grown exponentially. Virtually all these new rules and regulations require enforcement. However, the EU legislator generally has been reluctant to regulate enforcement at the national level, and often does not prescribe whether enforcement should take place through national criminal, administrative, or private law. This results in both practical and fundamental questions for the legal practitioner and the academic. This book addresses those questions. With contributions by leading academics and senior members of EU and national institutions, the book will be of interest to professionals dealing with financial law in their daily practice such as lawyers, bankers, policy makers, officers at supervisory authorities, and judges, but also for academics interested in fundamental questions of interaction between legal systems.

The book analyses the position of the ECtHR which has been more and more confronted with criticism coming from the national sphere, including the judiciary. This culminated in constitutional court judgments declaring a particular ECtHR judgment non-executable, for reasons of constitutional law. Existing scholarship does not differentiate enough between cases of mere political unwillingness to execute an ECtHR judgment and cases where execution is blocked for legal reasons (mainly of constitutional law nature). At the same time, the discussion under EU law on national/constitutional identity limiting the reach of the former has been only loosely linked with the ECHR context. This book presents a new dogmatic concept - 'principled resistance' - to analyse such cases. Taking up examples from the national level, it strives to find out whether the legal reasoning behind 'principled resistance' shows enough commonalities in order to qualify such incidents as expression of a 'new paradigm'.

The EU's activity under its intergovernmental pillars - The Common Foreign and Security Policy and Justice and Home Affairs - has traditionally been beyond the scope of judicial control offered by the central EC legal system. The increasing importance of this activity, and its growing intrusion into the lives of individuals, has led to a sense that the level of judicial oversight and protection is insufficient and that the constitutional balance of the Union stands in urgent need of reform. While the need for reform is widely recognised, wholesale constitutional change has been stalled by the failure to ratify the Constitutional Treaty and the delay in ratifying the Treaty of Lisbon. This book charts the attempts to develop more satisfactory judicial control over the intergovernmental pillars in the face of such constitutional inertia. It examines the leading role played by the European Court of Justice in reforming its own jurisdiction, and analyses the ECJ's development as a constitutional court in comparison with more established constitutional adjudicators. Throughout the book the current constitutional position is compared extensively to the reforms introduced by the Treaty of Lisbon, offering a timely snapshot of the EU's federal structure in a state of flux.

Ordoliberalism is a theoretical and cultural tradition of significant societal and political impact in post-war Germany. For a long time the theory was only known outside Germany by a handful of experts, but ordoliberalism has now moved centre stage after the advent of the financial crisis, and has become widely perceived as the ideational source of Germany's crisis politics. In this collection, the contributors engage in a multi-faceted exploration of the conceptual history of ordoliberalism, the premises of its founding fathers in law and economics, its religious underpinnings, the debates over its theoretical assumptions and political commitments, and its formative vision of societal ordering based upon a synthesis of economic theories and legal concepts. The renewal of that vision through the ordoliberal conceptualisation of the European integration project, the challenges of the current European crisis, and the divergent perceptions of ordoliberalism within Germany and by its northern and southern EU neighbours, are a common concern of all these endeavours. They unfold interdisciplinary affinities and misunderstandings, cultural predispositions and prejudices, and political preferences and cleavages. By examining European traditions through the lens of ordoliberalism, the book illustrates the diversity of European economic cultures, and the difficulty of transnational political exchanges, in a time of European crisis.

The Economics of Lawmaking explores the relative advantages and limits of alternative sources of law. Professors Francesco Parisi and Vincy Fon view the sources of law through a law and economics lens, and consider the important issue of institutional design in lawmaking. They consider the respective advantages and proper scope of application of four fundamental sources of law: legislation, judge-made law, customary law, and international law. The defining features of these four sources of law are examined using the formal methods of public choice theory: lawmaking through legislation; lawmaking through adjudication; lawmaking through practice; and lawmaking through agreement.
This book begins by examining the sources of law dependent on collective political decision-making, such as legislation. Multiple issues are considered, such as optimal specificity of law, optimal timing of legal intervention and optimal territorial scope of law, and include a thorough discussion on the sources of law derived from judges' decisions, such as common law. Parisi and Fon provide an extensive study on the roles of litigation and judicial path-dependence on judge-made law, biases in the evolution of legal remedies through litigation, and the effect of alternative doctrines of legal precedent, such as stare decisis and jurisprudence constante. They also consider the customary sources of law, with special attention on the mechanisms that determine their emergence and evolution, and explore sources of law derived from international treaties and conventions. The Economics of Lawmaking is the first systematic law and economics treatment of this field and will shed new light on the process of lawmaking.

Broken Landscape is a sweeping chronicle of the ways that Indian tribal sovereignty is recognized within the Constitution and as it has been interpreted and misinterpreted through legal analysis and practice over the intervening decades. Built on a history of war and usurpation of land, the relationship between Indian tribes and the United States government was formally inscribed within federal structure-a structure not mirrored in the traditions of tribal governance. Although the Constitution recognized the sovereignty of Indian nations, it did not safeguard tribes against the tides of national expansion and exploitation. As Broken Landscape demonstrates, the federal government has repeatedly failed to respect the tribal sovereignty recognized in the Constitution, instead favoring excessive, unaccountable authority in its dealings with tribes. The resulting legal thought regarding tribal rights, as interpreted by the United States Supreme Court and throughout contemporary Indian policymaking, has devolved from its constitutional roots, causing great harm to tribal culture and sovereignty. Frank Pommersheim, one of America's leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. Proposing an amendment to the Constitution to reestablish tribal sovereignty, Broken Landscape stands as a challenge to create and foster a living constitution that provides dignity, respect, and inclusion to Indian tribes and Indian people.

The focus of this book is the legal analysis of the evolution of federal relationships from an asymmetric treaty-constitutional federation to a de facto unitary state. Questioned is whether it is worth returning to the asymmetric federative form, while the aim is to review the origins of federalism in the New Russia, assess the present de jure and de facto situations and analyze whether Russia has a chance of reviving federalism. Steps forward on the way to developed federal relationships in the 1990s have been replaced by steps backwards owing to unitary tendencies in the 2000s and the 2010s. But is this a sustainable state of affairs? The possible ways of framing relations between the center and the constituent units for the next four years and beyond are also discussed. This book is aimed at researchers and students in the field of comparative constitutional law, Russian studies and federal and regional studies. Gulnara R. Shaikhutdinova is Professor and Doctor of International Law in the Faculty of Law of Kazan (Volga Region) Federal University, Republic of Tatarstan, Russian Federation.

From London to Libya, from Istanbul to Iceland, there is great interest among comparative constitutional scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? Are there universal criteria of success, and which apply across the board? Or, is the choice of criteria entirely idiosyncratic? This edited volume takes on the idea of constitutional success and shows the manifold ways in which it can be understood. It collects essays from philosophers, political scientists, empiricists and legal scholars, that approach the definition of constitutional success from many different angles. It also brings together case studies from Africa, Europe, Latin America, the Middle East and Asia. By exploring a varied array of constitutional histories, this book shows how complex ideas of constitutional success play out differently in different contexts and provides examples of how success can be differently defined under different circumstances.

Global Environmental Sustainability: Case Studies and Analysis of the United Nations' Journey toward Sustainable Development presents an integrated, interdisciplinary analysis of sustainable development, addressing global environmental problems in the contemporary world. It critically examines current actions being taken on global and local scales, particularly in relation to the UN's efforts to promote sustainable development. This approach is supported by empirical analysis, drawing upon a host of interweaving insights spanning economics, politics, ecology, environmental philosophy, and ethics, among others. As a result, it offers a comprehensive and well-balanced assessment of the overall perspective of sustainable development supported by in-depth content analysis, theoretical evaluation, empirical and actual case studies premised on solid data, and actual field work. Also, the book marks a milestone in placing the Covid-19 pandemic into a perspective for understanding the universality of human collective environmental behavior and action. By utilizing in-depth analysis, both quantitative and qualitative, and challenging the status quo of what is expected in the global approach to sustainable development, Global Environmental Sustainability provides the theory and methodology of empirical sustainable development which is especially germane to our advanced society today, which is deeply entrenched in a crisis of environmental morality. More particularly, it serves as a salient source of moral reconstitution of society grounded in empirical reality to liberate man's excessive spirit of individualism and self-aggrandizement to the detriment of the environment. Epistemologically, the book furnishes a remarkable tour de force with a new level of analytical insight to help researchers, practitioners, and policymakers in sustainability and environmental science, as well as the many other disciplines involved in sustainable development, to better understand sustainability from a new perspective and provides a methodological direction to pursue solutions going forward.

This book explores the conflict between the Catalan project to become independent and the Spanish state's opposition to any attempt of secessionism. The volume addresses some of the key political and academic issues of contemporary European societies: nationalism, separatism and sovereignty. The banned referendum in Catalonia in October 2017 unveiled the existence of multiple crises, from territorial to economic and political. Indeed, the Catalan issue is about the crisis of sovereignty: who holds legitimacy to make decisions, and who is in power legally and politically? The book is structured according to three themes: sovereignty and its people, where the realignment to independence, populism and the definition of the demos are discussed; collective identities and actions, to account for the shaping of 'us', the importance of collective memory and the cross-alliances forged during the referendum; and internationalization, focusing on Europeanisation, international media and comparative constitutional perspectives.

The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 18th edition has been updated with 20 new cases, including landmark decisions on such topics as campaign finance, Obamacare, gay marriage, the First Amendment, search and seizure, among others. Updated through the end of the 2021 Supreme Court session, this book remains and indispensable resource for undergraduate and law school students, lawyers, and everyone interested in our nation's laws and Constitution.

Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional and Parliamentary testimony, reports by quasi-governmental organizations, and case law covering issues related to terrorism. The series also includes a subject index and other indices that guide the user through this complex area of the law. Overall, the series keeps users up-to-date on the panoply of terrorism issues now facing the U.S. and the world. Presidential Powers and the Global War Against Terrorists provides readers with a detailed and insightful exposition of the law of presidential war powers. The recent expansion of those powers by the Bush Administration has created uncertainty as to where the legal limits for Executive Branch military and surveillance activity currently lie. In this volume, Professor Doug Lovelace identifies those limits through both his presentation of relevant documents and his expert commentary of the meaning behind those documents.

This book examines the legacy of the 2003 ruling of the Court of Justice of the European Union in Altmark. This case changed the direction of how Services of General and Economic Interest (SGEI) should be funded in the EU against a background of liberalisation, and the need for efficiency and global competitiveness. The book examines the European Commission's response to the Altmark ruling in the measures known as the 'Altmark-Monti-Kroes Package' and charts the review of this package from 2009 culminating in a new package of measures, known as the 'Almunia Package'. The seemingly technocratic idea of a review of the 'Altmark-Monti-Kroes Package' could not have anticipated the demanding and changed economic and constitutional context of the EU in 2009. It is in this light that the authors in this book explore in great detail the different components of the new 'Almunia Package' of measures introduced in 2011-2012, offering a critical review and highlighting where the future direction of the regulation of SGEI may lead as the EU struggles in an economic climate of austerity to balance a new constitutional dimension of a 'highly competitive social market economy' with a modernisation agenda for the single market.

This book provides a discussion of some of the most pressing challenges facing EU integration: political and economic governance, constitutional status and citizenship. It does so by discussing the work of one of the most original Portuguese voices in EU studies, Francisco Lucas Pires. In his swan song, here translated into English for the first time, Lucas Pires critically discusses the Treaty of Amsterdam, dissecting the process of its enactment, and its wider consequences for the EU. His profound, original and premonitory observations are commented on in this book by six young, prominent EU law scholars from different research areas. The result is an original and sagacious reflection, aimed both at researchers of EU law and policymakers alike, on the victories and shortcomings of the European project, providing refreshing views on a significant but often-neglected moment in the EU's history, as well as new avenues of critical thinking for the development of European integration. Martinho Lucas Pires is Ph.D. Candidate at Nova School of Law Lisbon, Assistant lecturer at Catolica Law School Lisbon, and Counsel at DLA Piper ABBC Advogados Lisbon, Portugal. Francisco Pereira Coutinho is Associate Professor and Vice-Dean at Nova School of Law Lisbon, Faculty of Law of the NOVA University of Lisbon, Portugal.

This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.

Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service and the Government Accountability Office, and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Lebanon and Hezbollah charts the course of Hezbollah's rise and Lebanon-based violence over the last five tumultuous years of that country's history. The documents collected in this volume demonstrate not just key details in Hezbollah's direct war on Israel but also the organization's public relations and financial efforts, both over the Internet and in collaboration with Iran. But this volume's usefulness can be found not just in its detailed history of Hezbollah's multi-front campaign but also in several documents' analysis of the suffering endured by Lebanese citizens, including the harm wrought by Israel's response to Hezbollah. To complete the picture of Lebanon's difficult recent history, Volume 92 also provides two classes of UN documents: Lebanon's own reports on its counter-terror work, and the Security Council's measures related to the tribunal investigating Hariri's assassination. For researchers seeking one volume in which all parties affected by the Lebanese crisis present their view, this volume will prove quite valuable.

Administrative Court Practice offers a comprehensive account of practice and procedure in the Administrative Court, providing the practitioner with all the key information to conduct a case confidently from beginning to end. Written by authors with extensive experience of administrative court work, it acts as a clear and accessible step-by-step procedural guide to all the work undertaken in the Administrative Court.
The book includes extensive coverage of the practice and procedure of the Administrative Court as it relates to judicial review, as well as offering a full treatment of Statutory Applications and Appeals, and habeas corpus applications. It includes comprehensive coverage of Statutory Reviews under the Nationality, Immigration, and Asylum Act 2002; Control Orders under the Protection of Terrorism Act 2005; and civil recovery of assets under the Proceeds of Crime Act 2002. A chapter on Statutory Appeals covers Appeals to the Administrative Court generally, and includes appeals from the Special Educational Needs and Disability Tribunal, in the planning area, and from Professional Regulatory bodies.
With a foreword by Mr Justice Collins, Administrative Court Practice acts as a practical guide to bringing a case to the Administrative Court. It comes complete with all the key Practice Directions, Claim Forms, and sample notices that a practitioner will need to conduct a case effectively on behalf of either applicants or defendants.

Top Ten Global Justice Law Review Articles 2007 is a thorough and accessible review of the most salient, the most controversial, and the most illuminating essays on security law in the previous calendar year. In this edition, Professor Amos Guiora presents the ten most vital and pertinent law review articles from 2007 written by both scholars who have already gained international prominence as experts in security law as well as emerging voices in the security-law debate. These articles deal with issues of terrorism, security law, and the preservation of civil liberties in the post-9/11 world. The chosen selections derive not just from the high quality and expertise of the articles' authors, but equally from the wide diversity of legal issues addressed by those authors. Guiora combines the expertise of scholars from such accredited institutions as Harvard, Stanford, the U.S Military Academy and the U.S. Department of Defense to provide a valuable resource for scholars and experts researching this important subject area.
This annual review provides researchers with more than just an authoritative discussion on the most prominent security debates of the day; it also educates researchers on new issues that have received far too little attention in the press and in academia. These expert scholars and leaders tackle and give voice to these issues that range from cyberterror to detention of suspected terrorists to France's tightening of its civil liberties policy to new restrictions on religious philanthropy and beyond. Together, the vast knowledge and independent viewpoints represented by these ten authors make this volume, of what will be an annual review within the Terrorism, 2ndSeries, a valuable resource for individuals new to the realm of security law and for advanced researchers with a sophisticated understanding of the field. Top Ten Global Justice Law Review Articles 2007 serves as a one-stop guidebook on how both the U.S. and the world generally are currently waging the war on terror.

This important new book presents a clear and systematic analysis of the right or privilege to keep and bear arms within the meaning of the Second Amendment to the United States Constitution. Attorney Warren Freedman provides the answers to the arguments put forth by the National Rifle Association and arms manufacturers and dealers. He carefully annotates the Second Amendment and delineates the historical background to it. How federal and state courts have interpreted the Second Amendment is also scrutinized. Limitations on the privilege to keep and bear arms are examined under the police power of the states and the federal government. This is followed by an analysis of federal and state legislation dealing with gun control. Freedman advances an intriguing idea: civil liability on the part of gun manufacturers, gun distributors, and dealers in firearms and guns. What happens when the victim decides to sue a person or persons other than the actual assailant? His theory of negligent entrustment provides a basis for suit by the victim of a gun assault, just as products liability law and dram shop acts take over. Whether the reader agrees or disagrees with Freedman's analysis and conclusions, his book is essential reading for anyone concerned with this politically volatile issue.

This book seeks to provide and promote a better understanding and a more responsive and inclusive governance of the automation and digital devices in public institutions, particularly the law and justice sector. Concerns related to AI design and use have been exacerbated recently with the recognition of the discriminatory potential that can be embedded into AI applications in public service institutions. This book examines issues relating to the assigning of responsibility in a public service produced and delivered on the basis of an automated mechanism. It encourages critical thinking about the legal services and the justice institutions as they are transformed by AI and automation. It raises awareness as to the prospect of transformation we face in terms of responsibility and of agency and the need to design a citizen-centered and human rights compliant system of technology assessment and AI monitoring and evaluation. The book calls for a comprehensive strategy to enable professional practitioners and decision makers to engage in the design of AI driven legal and justice services. The work draws on on-going research and consulting activities carried out by the author across different countries and different systems in the legal and justice sector. The book offers a critical approach to encourage a new mindset among legal professionals and the justice institutions thus empowering and training them to develop the necessary responsiveness and accountability in the justice sector and legal systems. It will also be of interest to researchers and academics working in the area of AI, Public Law, Human Rights and Criminal Justice.

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aDiscrimination against the obese is today pervasive and oppressive. The problem will only grow worse as the epidemic of obesity spreads. Kirkland has written the definitive study of obesity within American law. It is required reading for anyone concerned with this issue. This is an admirable and profound book.a
--Robert Post, Yale Law School

aProvides a much-needed conceptual map for making sense of how we in the U.S. talk about difference, discrimination, and rights generally. The result is an imaginative, insightful, savvy, and unusually accessible inquiry that should be required reading for anyone interested in the politics of civil rights. Highly recommended!a
--Michael McCann, University of Washington

America is a weight-obsessed nation. Over the last decade, thereas been an explosion of concern in the U.S. about people getting fatter. Plaintiffs are now filing lawsuits arguing that discrimination against fat people should be illegal. Fat Rights asks the first provocative questions that need to be raised about adding weight to lists of currently protected traits like race, gender, and disability. Is body fat an indicator of a character flaw or of incompetence on the job? Does it pose risks or costs to employers they should be allowed to evade? Or is it simply a stigmatized difference that does not bear on the ability to perform most jobs? Could we imagine fatness as part of workplace diversity? Considering fat discrimination prompts us to rethink these basic questions that lawyers, judges, and ordinary citizens ask before a new trait begins to look suitable forantidiscrimination coverage.

Fat Rights draws on little-known legal cases brought by fat citizens as well as significant lawsuits over other forms of bodily difference (such as transgenderism), asking why the boundaries of our antidiscrimination laws rest where they do. Fatness, argues Kirkland, is both similar to and provocatively different from other protected traits, raising longstanding dilemmas in antidiscrimination law into stark relief. Though options for defending difference may be scarce, Kirkland evaluates the available strategies and proposes new ways of navigating this new legal question.

Fat Rights enters the fray of the obesity debate from a new perspective: our inherited civil rights tradition. The scope is broad, covering much more than just weight discrimination and drawing the reader into the larger context of antidiscrimination protections and how they can be justified for a new group.

What is the future of constitutionalism, state and law in the new technological age? This edited collection explores the different aspects of the impact of information and technology revolution on state, constitutionalism and public law. Leading European scholars in the fields of constitutional, administrative, financial and EU law provide answers to fascinating conceptual questions including: - What are the challenges of information and technological revolution to sovereignty? - How will information and technology revolution impact democracy and the public sphere? - What are the disruptive effects of social media platforms on democratic will-formation processes and how can we regulate the democratic process in the digital age? - What are the main challenges to courts and administrations in the algorithmic society? - What is the impact of artificial intelligence on administrative law and social and health services? - What is the impact of information and technology revolution on data protection, privacy and human rights?

The book addresses authoritarian legacies of politically motivated justice and its unwritten practices that have re-emerged in the recent trials related to both political and ordinary criminal charges against prominent opposition leaders in many former Soviet republics. Taking into account that in any country all trials are more or less related to politics, the author differentiates between trials on political issues (political trials that are not necessarily arbitrary) and politicized partisan trials (arbitrary trials against political opponents). The monograph, thus, adopts a broad definition of a political trial, which includes all trials that are related to politicians and political matters such as elections, regime change, activities of parties and other political organizations. The focus lies on a separate group of partisan trials that are politicized (i.e. politically motivated) and which are used by governments to restrain political opposition and dissent. Primarily aimed at legal practitioners such as human rights lawyers, prosecutors, and judges, as well as postgraduates, researchers, teaching assistants and university law professors, readers can gain from the book information that is useful in assessing the interdisciplinary phenomenon of politically motivated criminal justice in transitional and authoritarian post-Soviet republics. Additionally, the volume is indispensable to readers that are interested in Eastern European Studies, Transitional Justice, Law and Society, Slavic Studies, and Theory and History of State and Law. Artem Galushko is a post-doctoral researcher at the Max Planck Institute for the Study of Religious and Ethnic Diversity in Germany.

It is presumptuous, I suppose, to write a book whose primary audience one hopes will not be around for a long time to come. The author hopes, therefore, that this book will be of more interest to those who would like to know more about the constitutional procedure that the House of Representatives invoked in 1974.