Once a ceremonial position modelled after the constitutional monarchy in the United Kingdom, the office of the President of Singapore was transformed from an appointed to an elected one in 1991. As the head of state, but not the head of government, the elected President was to have additional discretionary powers involving the spending of financial reserves, appointment of high-ranking public servants, and certain ministerial powers to detain without trial. In 2016, a constitutional commission was convened to consider further reforms to the office and the elections process. This book explores Singapore's presidency, assessing how well it has functioned, discussing the rationales for an elected presidency, and evaluating the constitutional commission's recommendations for reforms, including the need for minority representation in the office. In doing so, the book provides important reflections on how the constitutional reform process raises crucial questions about the rule of law and the practice of constitutionalism in Singapore.

This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

Digital Technologies and the Law of Obligations critically examines the emergence of new digital technologies and the challenges they pose to the traditional law of obligations, and discusses the extent to which existing contract and tort law rules and doctrines are equipped to meet these new challenges. This book covers various contract and tort law issues raised by emerging technologies - including distributed ledger technology, blockchain-based smart contracts, and artificial intelligence - as well as by the evolution of the internet into a participative web fuelled by user-generated content, and by the rise of the modern-day collaborative economy facilitated by digital technologies. Chapters address these topics from the perspective of both the common law and the civil law tradition. While mostly focused on the current state of affairs and recent debates and initiatives within the European Union regulatory framework, contributors also discuss the central themes from the perspective of the national law of obligations, examining the adaptability of existing legal doctrines to contemporary challenges, addressing the occasional legislative attempts to deal with the private law aspects of these challenges, and pointing to issues where legislative interventions would be most welcomed. Case studies are drawn from the United States, Singapore, and other parts of the common law world. Digital Technologies and the Law of Obligations will be of interest to legal scholars and researchers in the fields of contract law, tort law, and digital law, as well as to legal practitioners and members of law reform bodies.

This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical explanation of the concept, features and main manifestations of judicial activism and its impact in shaping the relationship between constitutional, international and supranational law. It then focuses on judicial activism in extreme conditions, for example, in times of emergencies and pandemics, or in the context of democratic backsliding, authoritarian constitutionalism and illiberal constitutionalism. Thus, the book may be considered as a contribution to the debates on judicial activism, including the discussion of the impact of courts on certainty, proportionality and balancing of rights, as well as on revolutionary courts challenging authoritarian context and generally over the role of courts in the context of illiberalism and democratic backsliding. The volume thus offers an explanation of the concept of judicial activism, its impact on both the legal system and the political order and the role of courts in shaping the structures of the legal order. These issues are explored in theoretical and comparative constitutional perspectives. The book will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.

* Brings comprehensive syntheses on emerging topics in pretrial justice (not just pretrial procedure) from international experts to a global audience of criminology and public policy scholars and advanced students * Showcases the work of leading criminologists on the earliest phases of the criminal legal system * Ideal for use in graduate-level courses in courts, corrections, and law enforcement

This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population. The work consists of seven Parts. Part I outlines the volume's ambitions and provides an introduction. Part II discusses the theoretical framework and clarifies the terminology adopted in the book. Part III provides an in-depth insight into the constitutional identity of Poles and Hungarians and argues that an unbalanced constitutional identity has been moulded throughout Polish and Hungarian history in which emotional traits of collective victimhood and collective narcissism, and a longing for a charismatic leader have been evident. Part IV focuses on the emergence of illiberal constitutionalism, and, based on both quantitative and qualitative analyses, argues that illiberal constitutionalism is neither modern authoritarianism nor authoritarian constitutionalism. This Part contextualizes the issue by putting the deterioration of the Rule of Law into a European perspective. Part V explores the legal nature of illiberal legality when it is at odds and in compliance with the European Rule of Law, illiberal democracy, focusing on electoral democracy and legislative processes, and illiberalization of human rights. Part VI investigates whether there is a clear pattern in the methods of remodeling, or distancing from constitutional democracy, how it started, consolidated, and how its results are maintained. The final Part presents the author's conclusions and looks to the future. The book will be an invaluable resource for scholars, academics and policy-makers interested in Constitutional Law and Politics.

Presents a highly valuable approach to a severely under-researched area;

This volume examines the contributions to International Law of individual members of the Advisory Committee of Jurists in the League of Nations, and the broader national and discursive legal traditions of which they were representative. It adopts a biographical approach that complements existing legal narratives. Pre-1914 visions of a liberal international order influenced the post-1919 world based on the rule of law in civilised nations. This volume focuses on leading legal personalities of this era. It discusses the scholarly work of the ACJ wise men, their biographical notes, and narrates their contribution as legal scholars and founding fathers of the sources of international law that culminated in their drafting of the statute of the Permanent Court of International Justice, the forerunner of the International Court of Justice. The book examines visions of world law in a liberal international order through social theory and constructivism, historical examination of key developments that influenced their career and their scholarly writings and international law as a science. The book will be a valuable reference for those working in the areas of International Law, Legal History, Political History and International Relations.

EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG's recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG's concept of sale by auction and its notion of intellectual property, as well as the CISG's principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.

Hong Kong is widely regarded as an exemplar of authoritarian jurisdictions with a positive history of adhering to Rule of Law-shaped governance systems. British Hong Kong provides a remarkable story of the effective development and consolidation of such a system, which has continued to apply since 1997, when it became the Hong Kong Special Administrative Region (HKSAR) within the People's Republic of China (PRC). This book adopts a fresh approach in examining the evolution of Hong Kong's political-legal experience. It establishes that these prominent governance achievements were built on particular British constitutional foundations forged over many centuries. The work shows how the analysis of the British theorist Albert Dicey and, in particular, "Diceyan Constitutionalism" was fundamental, within the pivotal context of "Chinese Familism", in shaping the development of governance institutions and operational procedures within the new British Colony. It discusses how Hong Kong's system of Authoritarian Legality has come to pass. Exploring the essence of that system, the study probes how thoroughly it has been stress-tested, not least in 2019, and how well it may be placed to cope with tests yet to come. It also analyzes Hong Kong-Beijing relations and the long-term prospects for the HKSAR within the PRC based on a balanced contemporary assessment of China's exceptional One Party State.

This book, authored by an international group of scholars, focuses on a vibrant central current within the history of Russian legal thought: how Christianity, and theistic belief generally, has inspired the aspiration to the rule of law in Russia, informed Russian philosophies of law, and shaped legal practices. Following a substantial introduction to the phenomenon of Russian legal consciousness, the volume presents twelve concise, non-technical portraits of modern Russian jurists and philosophers of law whose thought was shaped significantly by Orthodox Christian faith or theistic belief. Also included are chapters on the role the Orthodox Church has played in the legal culture of Russia and on the contribution of modern Russian scholars to the critical investigation of Orthodox canon law. The collection embraces the most creative period of Russian legal thought-the century and a half from the later Enlightenment to the Russian emigration following the Bolshevik Revolution. This book will merit the attention of anyone interested in the connections between law and religion in modern times.

This new title in the Juta’s Pocket Companions series will serve as an ideal companion to the Mine Health and Safety Act & Regulations Pocket Statute.

Understanding the Mine Health and Safety Act is derived from the highly regarded Commentary on the Mine Health & Safety Act by Masilo and Rautenbach, the leading South African work on this Act.

The book contains commentary on a variety of sections contained in the eight chapters of the Act, set out in a manner that ensures that discussions are accessible to all without sacrificing detail. All commentary is supported by footnotes containing further references as well as citation of relevant case law.

Contents Include:

• Objects of the Act
• Health and Safety at Mines
• Health and Safety Representatives and Committees
• Tripartite Institutions
• Inspectorate of Mine Health and Safety
• Minister’s Powers
• Legal Proceedings and Offences
• General Provisions Sections 96–106

This book explores China's private lending market from historical, economic, legal, and regulatory perspectives. Private lending refers to moneylending agreements between business borrowers and their debt investors without the involvement of banks. In China, it remains difficult for private entrepreneurs to obtain sufficient loans from state-owned banks. Thus, private lending has been a vital alternative financing channel for over 80 million businesses which are reliant on private funds as their major source of operating capital. The market volume of private financing stands at 5 trillion yuan ($783bn), making it one of the largest shadow banking systems in the world. Despite the wide popularity and systemic importance of private lending activities, they have remained outside of the official regulatory framework, leading to extra financial risks. In 2011, China's private lending sector encountered a severe financial crisis, as thousands of business borrowers failed to repay debts and fell into bankruptcy. Lots of bosses who found it impossible to liquidate debts ran away to hide from creditors. The financial turmoil has caused substantial monetary losses for investors across the country, which triggered social unrest and undermined the financial stability. This book is a timely work intended to demystify China's private lending market by investigating its historical development, operating mechanism, and special characteristics. It evaluates the causes and effects of the latest financial crisis by considering a number of real cases relating to helpless investors and runaway bosses. It conducts an in-depth doctrinal analysis of Chinese laws and regulations regarding private lending transactions. It also examines China's ongoing financial reform to bring underground lending activities under official supervision. Finally, the book points out future development paths for the private lending market. It offers suggestions for global policymakers devising an effective regulatory framework for shadow banking. It appeals to researchers, lecturers, and students in several fields, including law, business, finance, political economy, public policy, and China study.

This book provides an important survey of the causes and current state of corruption across a range of nations and regions. Delving into the diverse ways in which corruption is being combatted, the book explores and describes efforts to inculcate principles of ethical conduct in citizens, private sector actors and public sector personnel and institutions. Corruption is a global condition that effects every type of government, at every level, and has bewitched scholars of governance from ancient times to the present day. The book brings together chapters on a range of state and regional corruption experiences, framing them in terms of efforts to enhance ethical conduct and achieve integrity in government practices and operations. In addition, the book addresses and analyses the theoretical and practical bases of ethics that form the background and historical precepts of efforts to create integrity in government practices, and finally assesses recent international efforts to address corruption on an international scale. This book will be perfect for researchers and upper level students of public administration, comparative government, international development, criminal justice, and corruption.

During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the return of religion in constitutions through the concept of constitutional de-secularization. It places this phenomenon in the context of the constitutional memory of the countries in which it has taken place and critically examines it against the development and standards of constitutionalism, as the prevailing constitutional legal and political theory. Central to this analysis is the impact of constitutional de-secularization on the regulation of equality in liberty, that is, both the regulation of constitutional rights and the scope for equality of those who are granted such rights. The book argues that equal liberty forms an essential part of constitutionalism as a theory, and that constitutionalism therefore entails a continuous development towards expanding it. The first and second part of the book presents a conceptual framework for the study of constitutional de-secularization. The third part presents and analyses three cases of constitutional de-secularization in Afghanistan, Iran and Iraq. The book will be of interest to researchers and policy-makers interested in constitutional history and theory, and the role of religion in law and its compatibility with human rights.

This book addresses hegemonic ruling class masculinity and emphasized femininity within renewables organisational governance, and critiques Anglo-Celtic male privilege, as a barrier to women's leadership participation. Primarily using the Australian socio-political context, the author considers the patriarchal control of organisations and renewables governance, and argues that women-led emphasized femininity-resistance strategies can challenge the hegemonic status of ruling elites to create a leadership that is less power oriented, more collaborative and open to change. Utilising detailed interviews with Australian women environmentalists, together with feminist, sociological and social movement theory, whilst considering the historic context of Red Vienna and contemporary political challenges (Brexit, Monarchism etc.), it puts forward an innovative policy framework for an Australian Bill of Rights Act and republican constitutional change. Written for academics, activists and policymakers alike, this book offers a unique insight into women's inequity within patriarchal institutionalist governance. It will be engaging and inspiring reading for feminist and environmentalist activists and practitioners, in addition to professional associations focussing on gender, justice and environmental change. Academics and postgraduates in Gender Studies, Ecofeminism, Sociology and Organisational Studies will also find the book of key interest in its interdisciplinary discussions of Sustainable Scientific-Technological Development Initiatives (SSTDI) and feminism in an Australian political context.

States in American Constitutionalism: Interpretation, Authority, and Politics examines the often overlooked role that states have played in the development and maintenance of American constitutionalism by examining the purpose and effect of state resolutions on national constitutional meaning. From colonial practices through contemporary politics, subnational governments have made claims about what national constitutional provisions and principles ought to mean, fashioned political coalitions to back them, and asserted their authority to provoke constitutional settlement. Yet, this practice has been far from static. Political actors have altered the practice in response to their interpretive objectives and the political landscape of the day. States in American Constitutionalism explains both the development of the practice and the way each innovation to the practice affected subsequent iterations. Hays presents a series of case studies that explore the origins of the practice in colonial constitutionalism, its function in the early Republic, subsequent developments in antebellum and twentieth century politics, and contemporary practice in the first two decades of the twenty-first century. States in American Constitutionalism will be of great interest to students and academics interested in constitutional law and politics, political and constitutional development, and federalism.

This book examines China's striving for a constitutional order in the 20th century from comparative, historical, and theoretical perspectives. Through a comprehensive study of six major constitutional reforms experienced by China in the last century, Shiping Hua explores pragmatism, instrumentalism, statism, and favoritism as the key features of the Chinese legal culture. Demonstrating that these characteristics have roots in China's ancient past and coincide with modern communist legal theory, it argues that Chinese legal culture has greatly impacted upon the country's move to modernize its legal system. By analyzing key constitutional periods in China's history, this book also evaluates patterns that can be used to better comprehend not only China's present legal reform but its future legal developments too. As the first book to examine how the Chinese legal culture has affected constitutional reform in the 20th century, Chinese Legal Culture and Constitutional Order will be useful to students and scholars of Asian and constitutional law, as well as Chinese Studies more generally. Winner of the 2019 ACPSS (Association of Chinese Professors of Social Sciences in the United States) Best Scholarly Publication Award for Original Research.

This book presents a broad overview of the many intersections between health and the environment that lie at the basis of the most crucial environmental health issues, focusing on the responses provided by international and EU law. Consistent with the One Health approach and moving from the relevant international and EU legal frameworks, the book addresses some of the most important issues of environmental health including the traditional, such as pollution of air, water and soil and related food safety issues, as well as new and emerging challenges, like those linked to climate change, antimicrobial resistance and electromagnetic fields. Applying an intersectoral and interdisciplinary approach, it also investigates other branches of international and EU law including human rights law, investment law, trade law, energy law and disaster law. The work also discusses ethics and intergenerational equity. Ultimately, the book assesses the degree of effectiveness of the international and EU normative framework, and the extent to which the relevant legal instruments contribute to the protection of public health from major environmental hazards. The book will be a valuable resource for students, academics and policy makers working in the areas of Environmental Health law, Global Health law, International law and EU law.

CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.

The Routledge Handbook of Contemporary Issues in Expropriation reviews the contemporary major issues involving expropriation (eminent domain/compulsory purchase) in an international context. Expropriation is a right reserved to all governments, and, thus, it has an impact on all societies. This book, the first of its kind, considers the essential issues from the point of view of both developing and developed countries, and their needs for major infrastructure projects. The content covers major issues, principles and policies and includes the experiences of and examples from different countries and regions, including Australia, Asia, China, Europe, India and the USA. Rather than providing an in-depth examination of individual countries' legal systems, the book focuses on international issues, and also provides a reflection on how national experiences can be related to global needs. Key themes include: Nature and quantum of compensation * Land rights and the acquisition of traditional land rights * Issues surrounding 'public interest' *Alternatives to expropriation *The future: "good practice", debate and reform. This handbook is an essential resource for students and researchers in the areas of land policy, land law, property law and rights, and international development.

This book examines the national and international law, human rights and civil liberties issues involved in governments calling out the armed forces to deal with civil unrest or terrorism. The introduction of domestic military powers has become an international trend. Troops already have been seen on the streets in major Western democracies. These developments raise major political, constitutional and related problems. Examining the changes underway in eight comparable countries-the United States, Canada, Britain, France, Italy, Germany, Japan and Australia-this book provides a review and analysis of this trend, including its implications for legal and political rights. The book will be of interest to the general public, as well as students, academics and policy-makers in the areas of human rights and civil liberties, constitutional law, criminal justice and security studies.

The Law of Obligations in Central and Southeast Europe examines the new codifications, reforms, and other recent developments in Central and Southeast Europe which have significantly modernized the law of obligations in the last two decades, focusing particularly on the legal systems of Poland, Czech Republic, Slovak Republic, Hungary, Slovenia, Croatia, Serbia, and Turkey. With chapters authored by prominent academics and promising young legal scholars, this book discusses the results of the modernizations and describes the legislative reforms of the law of obligations that are underway or are discussed and advocated for in the countries of Central and Southeast Europe. Divergences of the new civil codes and other legislative acts from earlier legal solutions are identified and the rationale behind these departures is analysed, as well as the introduction of the new legal institutes in the law of obligations in these parts of the world. The Introduction provides a concise country-by-country overview of the recodification, modernization, and reform of the law of obligations in Central and Southeast Europe. In Part I, chapters discuss the process of recodification in the Slovak Republic, Czech Republic, Poland, and Hungary, with focus on the main novelties in their contract and tort law. The chapters in Part II then discuss several, more specific legal institutes of the law of obligations, and other recent developments and contemporary challenges to the law of obligations in the Czech Republic, Slovenia, Croatia, Serbia, and Turkey. This book is of interest to legal scholars in the field of private law, as well as to students, practitioners, members of law reform bodies, and civil servants in Central and Southeast Europe, and beyond.

This book takes an innovative approach to provide a mirror perspective of the legal systems of the UK and the EU in contemporary institutional scenarios. At the beginning of the second decade of the 21st century, the legal systems of the EU and the UK are facing challenges of epic proportions. Never before have the two legal orders been confronted with the simultaneous impact of a series of events. First, the effect of the "divorce" between the two regulatory systems caused by the UK's withdrawal from the EU. The Negotiating Documents and the Draft Texts being discussed and aimed at leading to a `New Partnership' are examined in the book. Second, the book discusses the impact of the coronavirus shock in all European economies leading to a substantial change of political perspective in the EU legal order implying innovative debt instruments. Third, it explores the consequences of the judicial activism of the German Constitutional Court undermining the strategic role of the European Central Bank and the primacy of the European Union Court of Justice. The book questions the effects deriving from the legacy, i.e. the foundations of the two legal systems, on handling the issues of our time, the impact on market regulation of the striking contemporary events and the unsettled consequences on policy of the current convulsing political and financial landscape. The book will be essential reading for those working in the areas of European public regulatory law.

This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. The authors deal with various problems connected to controlling public institutions and incumbents' responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics.