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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
That non-statutory executive powers are subject to judicial review
is beyond doubt. But current judicial practice challenges
prevailing theories of judicial review and raises a host of
questions about the nature of official power and action. This is
particularly the case for official powers not associated with the
Royal Prerogative, which have been argued to comprise a "third
source" of governmental authority. Looking at non-statutory powers
directly, rather than incidentally, stirs up the intense but
ultimately inconclusive debate about the conceptual basis of
judicial review in English law. This provocative book argues that
modern judges and scholars have neglected the very concepts
necessary to understand the supervisory jurisdiction and that the
law has become more complex than it needs to be. If we start from
the concept of office and official action, rather than grand ideas
about parliamentary sovereignty and the courts, the central
questions answer themselves.
* Explains the judicial system using simple, jargon-free language.
* Ideal for undergraduates and community colleges covering
constitutional law in one semester. * The concise size and
straightforward content is not intimidating to undergraduates.
* Explains the judicial system using simple, jargon-free language.
* Ideal for undergraduates and community colleges covering
constitutional law in one semester. * The concise size and
straightforward content is not intimidating to undergraduates.
'No freeman is to be taken or imprisoned, or dispossessed ...
except through the lawful judgment of his peers or through the law
of the land.' 'To no one shall we sell, to no one shall we deny or
delay right or justice.' Magna Carta (or 'Great Charter' of English
Liberties) is one of the most important documents in legal history.
Originating as a peace treaty agreed between King John and a group
of powerful barons at Runnymede near Windsor on 15 June 1215, it
enshrined in law the concept of individual liberty and defined the
role of the monarch towards the people. The charter was
successively revised and reissued throughout the thirteenth century
by England's monarchs, and the ideas expressed in it had a profound
influence, as seen in the United States Constitution and Bill of
Rights. The Latin text of one version of this landmark document
(the 1217 issue of Henry III) is transcribed here in full, together
with a modern translation and an introduction which traces the
background to the making of the charter and its subsequent
revisions through the centuries. It also explains how this text has
become an enduring symbol of freedom in Britain and throughout the
world.
Contracts with private military and security companies are a
reality of modern conflicts. This discerning book provides nuanced
insights into the international legal implications of these
contracts, and establishes an in-depth understanding of the impacts
for contracting states, home states and territorial states under
the current state responsibility regime. Focussing on the Articles
on State Responsibility (ASR) the author considers under which
conditions states are, or should be, responsible for the acts of
private contractors given new trends towards remote warfare
involving drones and increasingly autonomous weapon systems.
Rigorous academic research and case studies, combined with insights
from numerous interviews with practitioners, serve to highlight the
challenges to applying the ASR. These challenges range from the
relativity of key concepts of attribution to the issue of when
reliance on private contractors becomes a violation of the
principle of distinction under International Humanitarian Law and
also illustrate where the current state responsibility regime needs
to be modified to adequately address evolutions in warfare. This
astute and incisive book will prove a key resource for legal
scholars and theorists with an interest in public international
law, IHL and IHRL. Government officials, practitioners and think
tanks engaged in compliance matters and new trends in warfare will
also benefit from this work's pragmatic approach.
This book presents an international and comparative exploration of
how the COVID-19 global pandemic has affected and impacted on
issues of human rights, security, and law. Throughout the world,
the COVID-19 global pandemic has fundamentally impacted and altered
our way of life. As this book sets out, all states have had to
contend with similar challenges as well as competing interests and
obligations affecting human rights and security. These challenges
present very few simple choices but nonetheless carry enormous
consequences. Organised into two thematic and distinct yet
interrelated parts, first on theoretical and practical challenges
for human rights and second on threats to personal, collective, and
global security, the book examines how the ability of states to
safeguard our fundamental rights and security, broadly defined, has
been challenged. Questions about the legality and legal impact of
recent responses to COVID-19 will persist for some time. It is
often said that global problems require coordinated global
solutions, but the various responses to the pandemic by states
suggest a notable lack of a consensus amongst the international
community. The book will be of interest to academics and
researchers working in the areas of human rights law and security
law. It will also appeal to constitutional lawyers, given the
nature of law-making and the challenge of ensuring adequate
scrutiny in emergency situations as well as the impact of COVID-19
upon the legal framework more generally. It will provide a valuable
resource for policymakers, practitioners, and public servants.
This open access book looks into the evolution and current state of
the rule of law in the European Union (EU). The thirtieth
anniversary of the fall of the Berlin Wall is chosen as a natural
moment of stocktaking; assessing the progress made since the
beginning of the democratic reforms in Central and Eastern Europe
(CEE), but also critically analysing recent tendencies of rule of
law backsliding and open revolt against liberal-democratic values
in individual EU Member States. The volume is partly retrospective
in that it reflects on the challenges of the post-communist
transition and the process of Eastward Enlargement of the Union.
Yet it is also prospective, in so far as it reviews the variety of
novel mechanisms for strengthening rule of law enforcement in the
EU and gauges their potential for bringing sustainable, positive
change in this regard. All chapters are written by experienced
scholars and practitioners in the field of EU law and policy. The
ebook editions of this book are available open access under a CC
BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was
funded by the Swedish Studies Network.
This book explores relations between state, religion and law in
Bosnia and Herzegovina. Historically, multi-religiousness has been
a constant feature of the Bosnian polity, from its creation in 12th
century until modern times. Since the middle of the 19th Century,
Catholics have tended to self-identify as Croats, Orthodox
Christians as Serbs, and Muslims as Bosniaks. Moreover, in a region
that has undergone significant recent transformation, from the
communist to the liberal political system, Bosnia and Herzegovina
represents a very interesting case for the study of the
relationship between state and religion. This book includes a short
overview of historical aspects of these relations and a detailed
analysis of the existing constitutional and legal framework on
freedom of religion and relations between the state and religious
communities. It assesses the actual implementation in practice,
including the relevant national courts' case-law. The work covers
both the developments of new legal standards, while also
identifying the main obstacles in their implementation. At a time
when the region is again the subject of much interest, this book
will be essential reading for those working in the areas of Law and
Religion, Constitutional Law and Transitional Justice.
With contributors from a range of backgrounds including law,
business, management, engineering and policy development, this
interdisciplinary book provides the first comprehensive study on
LCC within the framework of EU public procurement law.
In recent years, China, the US, and the EU and its Member States
have either promulgated new national laws and regulations or
drastically revised existing ones to exert more rigorous government
control over inward foreign direct investment (FDI). Such
government control pertains to the establishment of an ex-ante
review regime of FDI in the host state in sectors that are
considered as 'sensitive' or 'strategic', with an aim to mitigate
the security-related implications. This book conducts a systematic
and up-to-date comparative study of the national security review
regimes of China, the US, and the EU, using Germany as an exampling
Member State. It answers a central research question of how
domestic law should be formulated to adequately protect national
security of the host state whilst posing minimum negative impacts
to the free flow of cross-border investment. In addition to
analyzing the latest development of the national security review
regimes in aforementioned jurisdictions and identifying their
commonalities and disparities, this book establishes a normative
framework regarding the design of a national security review regime
in general and proposes specific legislative recommendations to
further clarify the law. This book will be of interest to scholars
in the field of international and comparative investment law,
investors who seek better compliance programs in the host state,
and policymakers who aim for high-quality regulation on foreign
investment.
This book explains how the idea and practice of UCA are shaped by,
and inform, constitutional politics through various social and
political actors, and in both formal and informal amendment
processes, across Asia. This is the first book-length study of the
law and politics of unconstitutional constitutional amendments in
Asia. Comprising ten case studies from across the continent, and
four broader, theoretical chapters, the volume provides an
interdisciplinary, comparative perspective on the rising phenomenon
of unconstitutional constitutional amendments (UCA) across a range
of political, legal, and institutional contexts. The volume breaks
new ground by venturing beyond the courts to consider UCA not only
as a judicial doctrine, but also as a significant feature of
political and intellectual discourse. The book will be a valuable
reference for law and political science researchers, as well as for
policymakers and NGOs working in related fields. Offering broad
coverage of jurisdictions in East Asia, Southeast Asia and South
Asia, it will be useful to scholars and practitioners within Asia
as well as to those seeking to better understand the law and
politics of the region.
Neethling on Personality Rights by Neethling, Potgieter and Roos is
the updated, revised and expanded third edition of Neethling’s Law
of Personality (2nd ed 2005). This book is intended to be a
comprehensive exposition, first of the doctrine of the law of
personality which recognizes rights of personality as an
independent, separate group of (subjective) rights, and second of
the basis for and extent of the protection of personality rights in
South African law.
UN peace operations are increasingly asked to pursue stabilization
mandates with lofty expectations of being able to stabilize
conflict zones, achieve national reconciliation, and rebuild state
legitimacy. This book investigates the relationship between UN
stabilization mandates and the concept of 'human security'. The
book is divided into three parts. Part I outlines the emergence of
stabilization and other trends in peacekeeping practice and
outlines an analytical framework of human security. Part II applies
the analytical framework to case studies of MINUSMA, MINUSCA, and
UNMISS examining issues, such as human rights, empowerment,
protection, and vulnerability. In Part III the book draws out
several concerns that arise from stabilization mandates, including
the militarisation of UN peace operations and the consequences
under international humanitarian law, the risks of close
cooperation with the host state and engagement in counter-terror
activities, and the potential clash between peacebuilding
activities and militarisation. The book will be a valuable resource
for academics, policymakers and practitioners working on UN
peacekeeping generally, and those specifically looking at
stabilization, from the perspective of international relations,
international law, peace and conflict studies, security studies and
human rights.
This book analyses the specificity of the law-making activity of
European constitutional courts. The main hypothesis is that
currently constitutional courts are positive legislators whose
position in the system of State organs needs to be redefined. The
book covers the analysis of the law-making activity of four
constitutional courts in Western countries: Germany, Italy, Spain,
and France; and six constitutional courts in Central-East European
countries: Poland, Hungary, the Czech Republic, Slovak Republic,
Latvia, and Bulgaria; as well as two international courts: the
European Court of Human Rights (ECtHR) and the Court of Justice of
the European Union (CJEU). The work thus identifies the mutual
interactions between national constitutional courts and
international tribunals in terms of their law-making activity. The
chosen countries include constitutional courts which have been
recently captured by populist governments and subordinated to
political powers. Therefore, one of the purposes of the book is to
identify the change in the law-making activity of those courts and
to compare it with the activity of constitutional courts from
countries in which democracy is not viewed as being under threat.
Written by national experts, each chapter addresses a series of set
questions allowing accessible and meaningful comparison. The book
will be a valuable resource for students, academics, and
policy-makers working in the areas of constitutional law and
politics.
This volume examines the design and impact of courts in African
federal systems from a comparative perspective. Recent developments
indicate that the previously stymied idea of federalism is now
being revived in the constitutional arrangements of several African
countries. A number of them jumped on the bandwagon of federalism
in the early 1990s because it came to be seen as a means to
facilitate development, to counter the concentration of power in a
single governmental actor and to manage communal tensions. An
important part of the move towards federalism is the establishment
of courts that are empowered to umpire intergovernmental disputes.
This edited volume brings together contributions that first discuss
questions of design by focusing, in particular, on the organization
of the judiciary and the appointment of judges in African federal
systems. They then examine whether courts have had a rather
centralizing or decentralizing impact on the operation of African
federal systems. The book will be of interest to researchers and
policy-makers in the areas of comparative constitutional law and
comparative politics.
This volume examines the role of League of Nations committees,
particularly the Advisory Committee of Jurists (ACJ) in shaping the
statute of the Permanent Court of International Justice (PCIJ). The
authors explore the contributions of individual jurists and
unofficial members in shaping the League's international legal
machinery. It is a companion book to The League of Nations and the
Development of International Law: A New Intellectual History of the
Advisory Committee of Jurists (Routledge, 2021). One of the guiding
principles of the book is that the development of international law
was a project of politics where the idea and notion of an
international society must contend with the political visions of
each state represented on the different legal committees in the
League of Nations during the drafting of the Covenant. The book
constitutes a major contribution to the literature in that it shows
the inner workings of some of the legal committees of the League
and how the political role of unofficial members was influential
for the development of international law in the early twentieth
century and how they influenced the political and legal process of
the ACJ. The book will be an essential reference for those working
in the areas of International Law, Legal History, International
Relations, Political History, and European History.
This thought-provoking book investigates the increasingly important
subject of constitutional idolatry and its effects on democracy.
Focused around whether the UK should draft a single written
constitution, it suggests that constitutions have been drastically
and persistently over-sold throughout the years, and that their
wider importance and effects are not nearly as significant as
constitutional advocates maintain. Analysing a number of issues in
relation to constitutional performance, including whether these
documents can educate the citizenry, invigorate voter turnout, or
deliver 'We the People' sovereignty, the author finds written
constitutions consistently failing to meet expectations. This
innovative book also examines how constitutional idolatry may
frustrate and distort constitutional change, and can lead to strong
forms of constitutional paternalism emerging within the state.
Ultimately, the book argues that idolising written constitutions is
a hollow endeavour that will fail to produce better democratic
outcomes or help solve increasingly complicated societal problems.
Engaging and accessible, Constitutional Idolatry and Democracy will
be a key resource for both new and established scholars interested
in comparative constitutional law, constitutional theory, law and
democracy and written vs. unwritten constitutions.
This landmark volume of specially commissioned, original
contributions by top international scholars organizes the issues
and controversies of the rich and rapidly maturing field of
comparative constitutional law. Divided into sections on
constitutional design and redesign, identity, structure, individual
rights and state duties, courts and constitutional interpretation,
this comprehensive volume covers dozens of countries as well as a
range of approaches to the boundaries of constitutional law. While
some chapters reference the text of legal instruments expressly
labeled constitutional, others focus on the idea of entrenchment or
take a more functional approach. Challenging the current boundaries
of the field, the contributors offer diverse perspectives -
cultural, historical and institutional - as well as suggestions for
future research. A unique and enlightening volume, Comparative
Constitutional Law is an essential resource for students and
scholars of the subject. Contributors: Z. Al-Ali, T. Allen, N.
Bamforth, J. Blount, P.G. Carozza, C. Charters, J.A. Cheibub, S.
Choudhry, D.M. Davis, R. Dixon, V. Ferreres Comella, D. Fontana, N.
Friedman, S. Gardbaum, T. Ginsburg. J. Greene, O. Gross, J.L.
Hiebert, R. Hirschl, N. Hume, H. Irving, V.C. Jackson, G.J.
Jacobsohn, D.P. Kommers, R.J. Krotoszynski, Jr, N. Lenagh-Maguire,
F. Limongi, F.I. Michelman, K. O Regan, R.H. Pildes, K. Roach, K.
Rubenstein, C. Saunders, D. Schneiderman, A. Stone, R. Teitel, M.
Tushnet
This book will discuss the legal tools offered by international law
that can support foreign direct investment (FDI) in the renewable
energy sector in the Global South. Promoting and increasing
investment in the renewable energy sector is crucial for limiting
global temperature rise to 1.5 DegreesC and addressing energy
poverty in the Global South. In this volume, Avidan Kent explores
the various home-country measures (HCMs) offered by international
law that support FDI in the renewable energy sector. This book
provides a bird's eye evaluation of HCMs from fields such as trade
law, investment law, environmental law, development law and more.
It reveals that while international law indeed offers many legal
tools to support investors' needs, the current legal framework is
fragmented; most legal instruments were designed in isolation and
the potential for mutually supportive, synergetic policies has been
explored only to a limited extent. This fragmented reality is in
contradiction to the notion of Policy Coherence for Development,
which is increasingly gaining support in leading institutions in
Europe and elsewhere. This book will provide recommendations on the
manner in which HCMs can be connected in order to maximise their
potential and boost investment in renewable energies in the
developing world. International Law and Renewable Energy Investment
in the Global South will be of great interest to scholars, students
and practitioners of international law, energy studies, development
studies and IR more broadly.
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.
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