Investment treaty arbitration has a hybrid nature combining public international law (as regards its substance) with elements of international commercial arbitration (mainly as regards procedure). However, in essence and function it deals with a special, internationalised form of judicial review of governmental conduct that is more akin to the judicial control of governmental action provided for by national administrative and constitutional law than to either classic inter-state dispute resolution or international commercial arbitration. This has been recognised in some academic writing and several awards, where reference to national administrative law concepts and principles of international law-based judicial review of governmental action, such as international trade or human rights law, is used to help specify and apply the open-ended concepts of investment treaties. In-depth conceptualization is however often lacking. The current study is the first, pioneering effort to bring these under-developed ad hoc references to comparative and international administrative law concepts into a deeper theoretic and systematic framework. The book thus intends to develop a 'bridge' between treaty-based international investment arbitration and comparative administrative law on both a theoretical and practical level. The major obligations in investment treaties (indirect expropriation, fair and equitable treatment, national treatment, umbrella/sanctity of contract clause) and major procedural principles will be compared with their counterpart in comparative public law, both on the domestic as well as international level. That 'bridge' will allow international investment law to benefit from the comparative public law experience, which could enhance its legitimacy, its political acceptance, and its ability to develop more finely-tuned interpretations of central treaty obligations.

This book describes how governments formulate policies, draft legislation, and manage stocks of legislation and how approaches to these tasks are converging. That convergence has developed over 30 years through the work by the OECD in its studies on regulatory reform and the work of other international organizations to improve regulatory management. The Institutions of the European Union and its member states, OECD member countries and a growing number of developing and transitional countries have developed a policy best described as 'Better Regulation.' That policy is characterized using regulatory impact assessment, improving public consultation, and reducing administrative burdens. The policy has brought improvements in legislative drafting and managing stocks of legislation. The book concludes with a description of the impact of information technology on governments and how the challenges posed by the Internet, globalization and pandemics are being met by new approaches to regulating to ensure its benefits exceed its costs.

The Law of Regulatory Enforcement and Sanctions: A Practical Guide offers a comprehensive and practical explanation of the powers available to regulators and local authorities in the context of the new regulatory enforcement regime, created by the Regulatory Enforcement and Sanctions Act 2008 and the Tribunal Courts and Enforcement Act 2007. This new work explains how the Local Better Regulation Office and the establishment of primary authorities will impact on businesses and regulated individuals as well as how the new civil sanctioning powers will affect those accused of regulatory breaches.
Setting the law in its political context, The Law of Regulatory Enforcement and Sanctions: A Practical Guide provides practical advice on the implementation of the provisions of the Regulatory Enforcement and Sanctions Act 2008, as well as exploring their ramifications. It also offers detailed treatment of appeals, including judicial review, and appeals to the First-tier Tribunal, as well as coverage of relevant human rights jurisprudence.
As the only text dealing with the Regulatory Enforcement and Sanctions Act 2008 and its implications, this new work provides invaluable guidance to all those affected by the new civil sanctions regime, as well as offering innovative suggestions of potential areas and grounds of challenge, and ways to avoid them.

The pursuit of social solidarity and social justice has typically occurred within the boundaries of nation states. Yet in 2000, EU Member States committed themselves to make a decisive impact on the eradication of poverty and agreed to coordinate their activities within the framework of a novel governance process: the Open Method of Coordination (OMC). This book analyzes the emerging governance of social inclusion in the EU and the use of the OMC as a mechanism of Europeanization of domestic social policy. Armstrong's exploration of EU interventions to combat poverty and social exclusion addresses the changing constitutional, policy and governance context in which these interventions have occurred. It traces the impact of debates surrounding the Lisbon Treaty and the Lisbon Strategy in framing the possibilities and limits of EU action. Drawing on primary documentary material, on interviews with key actors and on a wide range of academic literature, this study offers a socio-legal account of the successes and failures of a decade of EU policy coordination. Utilizing the conceptual and theoretical tools associated with institutionalist analysis and experimental governance to develop the discussion of Europeanization, the book will be of value not only to scholars working on EU policymaking but also to those interested in changing patterns of public authority in the social sphere more generally.

In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism.
The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.

Adopting a political constitutionalist view of the British constitution, this book critically explores the history of legal and political thought on parliamentary sovereignty in the UK. It argues that EU membership strongly unsettled the historical precedents underpinning UK parliamentary sovereignty. Successive governments adopted practices which, although preserving fundamental legal rules, were at odds with past precedents. The author uses three key EU case studies - the financial transactions tax, freedom of movement of persons, and the working time directive - to illustrate that since 1973 the UK incorporated EU institutions which unsettled those precedents. The book further shows that the parliament's place since the referendum on Brexit in June 2016 and the scrutinising of the terms of the withdrawal agreement constitute an enhanced, new constitutional resettlement, and a realignment of parliament with the historical precedent of consent and its sovereignty.

This book examines legal limitations on government deficit and debt and its impact on the ability of nations to provide services to their residents. It studies constitutional and statutory limitations, as well as those imposed by international treaties and other instruments, including those of both the European Union and the International Monetary Fund. The book contains a general report examining the fiscal rules that govern the budgets and expenditures of nation states. The general report is followed by a special report which covers the limits imposed by the European Union and by the smaller group of countries constituting the Eurozone. Ten national reports, describing the limits in their respective countries, form the basis of the general report. These countries include eight members of the European Union (five of which use the Euro and three of which do not), one other European state and one non-European state. The reports include two countries in which constitutional "debt brakes" limit national deficit and debt.

This open access book provides an in-depth look into the background of rule of law problems and the open defiance of EU law in East Central European countries. Current illiberal trends and anti-EU politics have the potential to undermine mutual trust between member states and fundamentally change the EU. It is therefore crucial to understand their domestic causes, context conditions, specific processes and consequences. This volume contributes to empirically informed theory-building and includes contributions from researchers from various disciplines and multiple perspectives on illiberal trends and anti-EU politics in the region. The qualitative case studies, comparative works and quantitative analyses provide a comprehensive picture of current societal, political and institutional developments in the Czech Republic, Hungary, Poland and Slovakia. Through studying similarities and differences between East Central European and other EU countries, the chapters also explore whether there are regional patterns of democracy- and EU-related problems.

This new fourth edition of a well-established book is a timely response to the continuing development of the new rules of civil procedure in force in most of the jurisdictions of the English-speaking Caribbean. The new edition has been substantially revised to cover amendments to, and recent case law interpreting and applying, the Civil Procedure Rules of the various territories. It is essential reading for law students and legal practitioners in the region.

'In their beautifully written book, O'Brien and Doyle tell a story of small places - where human rights and administrative justice matter most. A human rights discourse is cleverly intertwined with the debates about the relationship between the citizen and the state and between citizens themselves. O'Brien and Doyle re-imagine administrative justice with the ombud institution at its core. This book is a must read for anyone interested in a democratic vision of human rights deeply embedded within the administrative justice system.'-Naomi Creutzfeldt, University of Westminster, UK 'Doyle and O'Brien's book makes an important and timely contribution to the growing literature on administrative justice, and breaks new ground in the way that it re-imagines the field. The book is engagingly written and makes a powerful case for reform, drawing on case studies and examples, and nicely combining theory and practice. The vision the authors provide of a more potent and coherent approach to administrative justice will be a key reference point for scholars, policymakers and practitioners working in this field for years to come.'-Dr Chris Gill, Lecturer in Public Law, University of Glasgow 'This immensely readable book ambitiously and successfully re-imagines adminstrative justice as an instrument of institutional reform, public trust, social rights and political friendship. It does so by expertly weaving together many disparate motifs and threads to produce an elegant tapestry illustrating a remaking of administrative justice as a set of principles with the ombud institution at its centre.'-Carolyn Hirst, Independent Researcher and Mediator, Hirstworks This book reconnects everyday justice with social rights. It rediscovers human rights in the 'small places' of housing, education, health and social care, where administrative justice touches the citizen every day, and in doing so it re-imagines administrative justice and expands its democratic reach. The institutions of everyday justice - ombuds, tribunals and mediation - rarely herald their role in human rights frameworks, and never very loudly. For the most part, human rights and administrative justice are ships that pass in the night. Drawing on design theory, the book proposes to remedy this alienation by replacing current orthodoxies, not least that of 'user focus', with more promising design principles of community, network and openness. Thus re-imagined, the future of both administrative justice and social rights is demosprudential, firmly rooted in making response to citizen grievance more democratic and embedding legal change in the broader culture.

This book shows how the Austrian Constitution has been shaped and interpreted by the fundamental events in Austria's modern history. At the same time it emphasises the way in which the Constitution establishes a parliamentary system, with additional presidential features, limited, in turn, by Austria's federal structure and the parliaments of nine states. It charts the history and character of the Constitution; the political structure; the legislative and executive branches of the federal government; public bodies; jurisdiction and fundamental Rights. This new edition explores the changing political landscape, particularly the development of a more competitive party system. It also looks at the response to COVID and the jurisprudence of the Austrian Constitutional Court in the face of the curtailment of rights in order to curb the pandemic. Offering the trademark combination of clarity of explanation and rigour of analysis that defines the series, this is an excellent guide to a fascinating constitutional structure.

Herman provides an analysis and reference guide for the rights that the Sixth Amendment guarantees in all criminal prosecutions. She provides a history of the generation of each right from ancient times through the present. The public trial chapters analyze the development of Supreme Court case law interpreting the Sixth Amendment right and the companion First Amendment right of public access to trials, and then discuss current issues in interpretation of the Sixth Amendment right, including the controversial issue of cameras in the courtroom and the current questions about open proceedings involving alleged terrorists. The speedy trial chapters trace the development of the ideal of prompt proceedings and the Supreme Court's laws in this area, including a critique of the major Supreme Court cases. Discussion of recent case law highlights open issues regarding the scope of the Sixth Amendment rights and comments on the impact of speedy trial legislation introduced in the 1970s. Each section concludes with a bibliographical essay discussing the major books and law review articles written in each area and also included a table of cases cited.

Centred on the lawsuit over Kennewick Man, this history illuminates one of the most contentious issues in science: the battle between archeologists and American Indians. The 1996 discovery, near Kennewick, Washington, of a 9000-year-old Caucasoid skeleton brought more to the surface than bones. The explosive controversy and resulting lawsuit also raised a far more fundamental question: Who owns history? Many Indians see archaeologists as desecrators of tribal rites and traditions; archaeologists see their livelihoods and science threatened by the 1990 Federal Reparation Law, which gives tribes control over remains in their traditional territories. In this work, Thomas charts the riveting story of this lawsuit, the archaeologists' deteriorating relations with American Indians, and the rise of scientific archaeology. His telling of the tale gains extra credence from his own reputation as a leader in building co-operation between the two sides.

This book shares state-of-the-art insights on judicial decision-making from both theoretical and empirical perspectives. It offers in-depth coverage of the forefront of the field and reviews the most important issues and discussions connected with an empirical approach to judicial decision-making. It also addresses the challenges of judicial psychology to the ideal of rule of law and explores the promise and perils of applying artificial intelligence in law. In closing, it offers empirically-driven guidance on ways to improve the quality of legal reasoning.

The Law of Religious Organizations, provides the first modern systematic account of the English law relating to religious organizations. It introduces the subject through an historical overview of the relationship between church and state, and a depiction of contemporary patterns and structures of organized faith. It considers in depth the emerging human rights law of religious associations, the legal constitution of religious bodies, the status of ministers of religion and legal privileges associated with public religion.
Subsequent chapters examine the legal regulation of major aspects of religious life, including rituals, faith-based education and the delivery of faith-based welfare services. The book also considers broader questions of the legal regulation of religion in public life, from access to public discourse through formal and informal governmental consultation processes to safeguarding the presence of religious voices in the regulated mass media.
The final chapter draws together the author's reflections on trends at a broader level of constitutional theory. It argues that modern constitutional law occupies an uncertain position between establishment and secularism. While accepting a version of the secularization thesis in respect of English law, the author identifies but rejects legal secularism as a specific alternative to establishment. Instead, he argues for the clearer recognition of constitutional principles of autonomy and neutrality in the regulation of religious life.
The principal focus of the book is the law as it applies to non-established religions, but comparative reference is made throughout to the position of the Church of England. It emphasises the recent historical development of the law as an essential key to understanding current controversies and possible future resolutions.

Alaskans live or die by natural resources development. Democrats probably prefer that Alaskans die in order to provide a pristine landscape for their pals among the Eurotrash and environmentalists. On May 31, 1996, the United States Court of Federal Claims ruled that the State of Alaska was not contractually entitled to collect 90 percent of the mineral leasing revenues from federal lands within Alaska. The United States Court of Appeals for the Federal Circuit affirmed that decision by incorporating the aforesaid decision by reference without further comment in 1997. The United States Supreme Court refused certiorari in 1998. These courts ignored Alaskans' rights under the Alaska Statehood Act and the larger issue of the rights of states under the statehood compacts within their respective statehood acts.

The 1949 Geneva Conventions are the most important rules for armed conflict ever formulated. To this day they continue to shape contemporary debates about regulating warfare, but their history is often misunderstood. For most observers, the drafters behind these treaties were primarily motivated by liberal humanitarian principles and the shock of the atrocities of the Second World War. This book tells a different story, showing how the final text of the Conventions, far from being an unabashedly liberal blueprint, was the outcome of a series of political struggles among the drafters. It also concerned a great deal more than simply recognizing the shortcomings of international law revealed by the experience of war. To understand the politics and ideas of the Conventions' drafters is to see them less as passive characters responding to past events than as active protagonists trying to shape the future of warfare. In many different ways, they tried to define the contours of future battlefields by deciding who deserved protection and what counted as a legitimate target. Outlawing illegal conduct in wartime did as much to outline the concept of humanized war as to establish the legality of waging war itself. Through extensive archival research and critical legal methodologies, Preparing for War establishes that although they did not seek war, the Conventions' drafters prepared for it by means of weaving a new legal safety net in the event that their worst fear should materialize, a spectre still haunting us today.

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.