Written with exceptional clarity and fully updated from the first edition, the second edition of European Constitutional Law constitutes a classic textbook for students and practitioners of European law. Using a clear structural framework, the text guides readers through all of the core constitutional topics of EU law. Extracts from classic case law are complemented with extensive and critical discussion of the theoretical and practical aspects of the European Union and its law, leading students to a deep understanding of the subject. Chapters are enriched with more than fifty colour figures and tables, which clarify complex topics and illustrate relationships and processes. New suggestions for further reading direct students to significant pieces of academic literature for deeper self-study, and a companion website with full 'Lisbonised' versions of the cases cited in the text completes the learning package.

This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry

Originally published: Cambridge: Cambridge University Press, 1908. xxviii, 547 pp. Although Maitland never intended to publish these lectures, they have long been regarded as one of the best introductions to the English Constitution. Delivered in the winter of 1887 and spring of 1888, and edited and published in 1908 by one of Maitland's students, Herbert A.L. Fisher, they cover the period from 1066 to the end of the nineteenth century. Rather than a narrative historical format, they focus on describing the work of the constitution during five distinct moments in English history: 1307, 1509, 1625, 1702 and 1887. They provide an entry to some of the major concepts he later expounded in his seminal work written with Sir Frederick Pollock, The History of English Law.
Widely considered the father of modern legal history, FREDERIC WILLIAM MAITLAND 1850-1906] was an English jurist and historian best known for The History of English Law Before the Time of Edward I (1895), written with Sir Frederick Pollock. He was educated at Eton and Cambridge and studied at Lincoln's Inn, London. Maitland was called to the bar in1876 and practiced until 1884, when he became a reader in English law (1884) and professor (1888) at Cambridge. He founded the Selden Society in 1887. Hailed for his original outlook on history, his works had a profound influence on legal scholarship and remain important today.

The European Community legislative process is still characterized by a certain lack of democracy, even after the Maastricht amendments to the European Community Treaties. It is therefore a matter of great importance that there is an adequate system of judicial review of community acts which will enable private parties to challenge illegal, invalid and unfair community administrative actions. There thus exists a system by which private parties can bring direct and indirect actions to seek redress. The direct actions are the actions for annulment and the action for a failure to act. The indirect action is the plea of illegality. In addition to this system specifically designed to assess the legality of community measures there are two other remedies not intended for this purpose but which are used to effect a consideration of the legality of a certain act: these are preliminary rulings on the validity of acts of the Institutions and actions for damages.
The book is divided into two parts. The first part deals extensively with annulment proceedings. The drafters of the EC Treaty attached severe conditions of locus standi to this remedy and it has fallen to the European Court of Justice to interpret and apply these conditions through its Case Law. Commentators have found it difficult to discern a common trend in the approach of the court to the locus standi issue. It appears clear however that the court has followed a very restrictive approach and that many actions have been dismissed as inadmissible. The author of this work re-examines the Case Law and systematizes it to highlight specific areas (particularly anti-dumping, competition and state aids cases) and to a lesser extent in the area of general management of the market where there has evolved a more lenient approach to the determination of the issue of locus standi of natural and legal persons.
The second part of the book deals with the alternative means of review (ie via an Article 177 Treaty reference) and suggests that these proceedings do not provide adequate protection of the interests of private parties in all situations where annulment proceedings cannot be brought because the applicants involved lack locus standi even though a certain degree of damage may have been inflicted to their interests.
Besides setting out the various remedies and showing how actions can be mounted successfully the book also assesses the extent to which the court may have shifted its approach to the locus standi question. It also reveals the areas where private parties may not always find an adequate or appropriate means of redress against illegal community actions.

Beginning with colonial times and moving to the present, Otten examines women's struggle for social, economic, political, and civic equality, using key Supreme Court decisions as the basis for chronicling the changing position of women in American society. Otten provides students with a knowledge base from which to address questions such as: Does the Constitution really protect women? Despite gains in status and legal protection, has the position of women in society really improved? What is the ultimate status of women as defined by U.S. law? Do the decisions of the Supreme Court reflect a consistency in the Court's thinking regarding women and their rightful place in society? When addressing issues related to women's rights, have the Justices of the Court engaged in social activism or simple judicial interpretation? Throughout, the author emphasizes that women's struggle for self-determination and equality is also that of men's.

View the Table of Contents. Read the Preface.

"An exciting and original work of historya].[A] bracing contribution to the somewhat dormant field of constitutional historya].that will be of interest to any historian of the Constitution. The book's main accomplishment is that it combines contemporary and historical arguments without slighting either, while providing important new evidence and insight into each."
"Journal of American History"

aInsightful in its approach to the Fourth Amendment, not only in terms of the law itself, but what is searched and seized, who particularly is subject to search and seizure, and what abuses led to broadening, thus capturing the full rich detail of the Fourth Amendmenta].Taslitz shows us in thorough fashion that we would be wise to learn from the past as we address the problems facing our society.a
--"Law and Politics Book Review"

"Reconstructing the Fourth Amendment is a remarkable scholarly accomplishment. It presents one of the most radical challenges to standard constitutional thinking--not just about searches and seizures but also about the interpretation of the Fourteenth Amendment as a protection of individual rights--in recent literature. Andrew Taslitz stakes out a radical and compelling position on a pressing contemporary issue--the protection of individual privacy against government invasion--and does so on impeccably researched and intellectually conservative grounds. It is a must read."
--H. Jefferson Powell, author of "A Community Built on Words: The Constitution in History and Politics"

"Taslitz's analysis provides a unique vision of the Fourth Amendment's purpose: to tame political violence from governmentalofficials, while forcing officials to treat each individual with respect and dignity. Taslitz's research on the search and seizure practices of Southern states during Reconstruction is illuminating and strengthens his thesis that respect for the individual lies at the core of the Fourth Amendment."
--Tracey Maclin, Professor of Law, Boston University School of Law

"Fourth Amendment scholarship has hitherto emphasized the amendment's background and gestation, i.e., the period before its inception in 1789. Taslitz, however, has removed a critical gap in that scholarship by illuminating the amendment's development after 1789, through the ante-bellum and Reconstruction periods, until 1868. Taslitz breaks new ground by exploring the Fourth Amendment's connections with political violence and slavery. He introduces readers to the interpretative diversity of and among scholars who debate the amendment's original and current contents."
--William Cuddihy, author of "The Fourth Amendment: Origins and Original Meaning, 602-1791"

The modern law of search and seizure permits warrantless searches that ruin the citizenry's trust in law enforcement, harms minorities, and embraces an individualistic notion of the rights that it protects, ignoring essential roles that properly-conceived protections of privacy, mobility, and property play in uniting Americans. Many believe the Fourth Amendment is a poor bulwark against state tyrannies, particularly during the War on Terror.

Historical amnesia has obscured the Fourth Amendment's positive aspects, and Andrew E. Taslitz rescues its forgotten history in Reconstructing the Fourth Amendment, which includes two novel arguments. First, that theoriginal Fourth Amendment of 1791--born in political struggle between the English and the colonists--served important political functions, particularly in regulating expressive political violence. Second, that the Amendment's meaning changed when the Fourteenth Amendment was created to give teeth to outlawing slavery, and its focus shifted from primary emphasis on individualistic privacy notions as central to a white democratic polis to enhanced protections for group privacy, individual mobility, and property in a multi-racial republic.

With an understanding of the historical roots of the Fourth Amendment, suggests Taslitz, we can upend negative assumptions of modern search and seizure law, and create new institutional approaches that give political voice to citizens and safeguard against unnecessary humiliation and dehumanization at the hands of the police.

He Was A Good Marine So Why Was He Discharged for Misconduct? Author Michael Short tells the Story of A Marine who Endured Torture as a POW during the Vietnam War and the Pain of Being Discharged for Misconduct Years Later Paw Paw, WV - (Release Date TBD) - How did it all end up the way it did? Albert proved to be a good Marine bearing the agony and torture as a Prisoner of War (POW), but why was he given a general discharge for misconduct? Author Michael Short tells the true, gripping, and harrowing events that happened in Fall from Grace, his new book released through Xlibris. Albert was a United States Marine. As a gunnery sergeant, Albert's moral compass had always been duty, honor, country. In 1968, he was in the TET Offensive in Hue City, Republic of South Vietnam. There were several NVA dead bodies lying near, and he was ready to fire his M-16 at any North Vietnamese soldiers running past him. But then, he felt the barrel of an AK-47 assault rifle touch the back of his head. Unadulterated fear rushed through him, and before he could look to see who had pointed the rifle at him, he felt a crushing blow to the side of his head. Consciousness left him. When he regained his senses, he had been captured by North Vietnamese soldiers. Torture began as the enemy attempted to force information from him. His cellmate was Lance Corporal Mack, who also received the same brutal physical torment. Through it all, they never gave information to their torturer. They suffered much - almost to the point of death. He was afflicted but never lost hope. He lived by the Marine Code - the Core Values. But after days of being a tortured POW, he escaped, returned to the states to learn that he had been listed as MIA. He would spend more than eighteen years as a Marine, and his "fall from grace" would be unexpected, traumatic, and extremely difficult to bear. Readers will find out what really happened as they leaf through the pages of Fall from Grace. For more information on this book, log on to www.Xlibris.com.

This study analyzes the process of constitutional interpretation, that is, the methodology by which the Supreme Court goes about interpreting the Constitution, and offers a comprehensive view of constitutional law through the lens of history, political science, and jurisprudence. Shaman examines the practice of creating meaning for the Constitution, the dichotomy of legal formalism and realism, the levels of judicial scrutiny, the perception of reality, and the puzzle of legislative motive. While the book traces the historical development of constitutional law, its main focus is on modern jurisprudence, including analyses of the major themes of constitutional interpretation developed by the Warren, Burger, and Rehnquist Courts.

Shaman details the Warren Court's move to a more realistic jurisprudence and its development of a multi-level system of judicial review that has become increasingly more complex under the Burger and Rehnquist Courts. He critiques the Supreme Court's reversion in recent years to an old-fashioned formalistic jurisprudence and the growing tendency of the Court to look to the past rather than to future to interpret the Constitution. The book also includes discussion of recent major doctrinal developments such as constitutional theory underlying Supreme Court decisions on gender discrimination, discrimination on the basis of sexual preference, the right to die, abortion, and freedom of speech.

The constitutional entrenchment and protection of property rights has always been a difficult and controversial issue. This text is more than a collection of cases on constitutional property law, it is an in-depth comparison of constitutional property clauses in jurisdictions around the world. The book consists of three parts: the first chapter contains a general discussion of comparative, theoretical, and analytical issues. The second part consists of 18 chapters on jurisdictions where the property clause has generated substantial case law and jurisprudence, meriting extensive analysis and discussion. Among the countries discussed are Australia, Japan, Canada, Germany, Switzerland and South Africa. For easy reference the structure of these country-by-country chapters is identical. These chapters not only contain practical, useful legal information but also a normative interpretation of constitutional property clauses in their national and international context. The third and final part of the book contains a collection of 86 property clauses from jurisdictions not included in the country reports. The focus of the book is on comparison, and cross-references assist the reader in finding related cases and issues in other jurisdictions.

Why do we research unit management in correctional facilities? The research was necessitated by a fundamental need to change the way in which South Africa deals with sentenced inmates. The country boasts one of the highest international recidivism rates. Instead of being a revolving door where shorter-term offenders circulate through the correctional system, or a warehouse where serious offenders are subjected to monotonous empty hours for a lifetime, all correctional systems should actively and meaningfully address recidivism. This means that correctional interventions must contribute to inmate empowerment, resulting in a life without crime. Unit management proves to be a management tool that can facilitate such meaningful contribution. It has been implemented in some international correctional systems but limited international research, mainly from the USA, is available. With their research, the authors uniquely integrate correctional management fundamentals, law, organisational theory, and institutional administrative procedures into one research project. The research aims to lay a foundation for unit management implementation by addressing philosophy, international norms, processes, design, legal principles, risk management, human resources and correctional case studies. These contents deliver evidence of original research that stretches over more than a decade. Unit Management in Correctional Facilities: Law and Administration challenges executive management and the modern-day correctional practitioner on the professional front in terms of accountability, implementation of evidence based correctional best practices and transformation of the correctional system to the ultimate benefit of the offender and the broad society. It aims to equip correctional practitioners, students, lecturers and other academics.

Until now the Crown has remained a somewhat elusive concept receiving surprisingly little attention from constitutional lawyers, considering it represents the legal and political structure of the state. During a period of political transformation in the UK, on the one hand being devolved (e.g. the Scottish Parliament) and on the other being absorbed into the European Union, this is a timely book which explores the central power of the state in its legal and political context. This book draws together a unique collection of essays written by experienced academics and practitioners that explores what the Crown is, or might be, in contemporary theory and practice and the critical issues relating to it.

This collection of twenty essays, written by an array of internationally prestigious scholars, is a ground-breaking work which raises serious and profound concerns about the entrenchment of human rights generally and into UK law in particular. This is the only book on the market to take a sceptical approach to recent developments in human rights law. Written throughout in an engaging and accessible style, this book is essential reading for all those with an interest in law or politics.

Governing Sexuality explores issues of sexual citizenship and law reform in the United Kingdom and Continental Europe today. Across western and eastern Europe,lesbians and gay men are increasingly making claims for equal status, grounded in the language of rights and citizenship, and using the language of international human rights and European law. This book uses same sex sexualities as a prism through which to explore broader questions of legal and political theory concerning democratic legitimacy; rights discourse; national sovereignty and identity; citizenship; transnationalism; and globalisation. Case studies are widely drawn: from New Labour's sexual politics in the UK to the decriminalisation of same-sex sexualities under pressure from the EU in Romania; to new civil solidarity laws in France.

"A voice of reason, wisdom and compassion, Eric Yamamoto brings rich practical experience and analytic insight to the crucial subject of healing and reconciliation between groups divided by histories of oppression and mistreatment. This book is vital reading for anyone interested in creating a just world.
"--Martha Minow, Harvard Law School, Author of Between Vengeance and Forgiveness: Facing History after Genocide"

"A stunningly original and moving work that dramatically expands the national dialogue on race. . . . Yamamoto presents a multidisciplinary, praxis-oriented approach to confronting conflict among communities of color. He provides us with the concepts, the methods, and the language to understand and grapple with the messy nature of reconciliation between racialized groups. His vision of interracial justice is compelling, inspiring, and essential to averting the fire next time."
"--Michael Omi, University of California, Berkeley"

"Remarkable. A must read for all activists."
"--Yuri Kochiyama"

"Yamamoto's analysis offers an important insight: A group can simultaneously be oppressed by others more powerful than it and also oppress others less powerful. . . . A pragmatic model for how interracial justice may someday be real."
"--The Hawaii Herald
"

"Inspiring and energizing, disturbing and challenging, informative and inquisitive, "Interracial Justice" is a thoroughly researched, even ground-breaking, tour de force."
"aBerta Esperanza HernAndez-Truyol, St. John's University"

The United States in the twenty-first century will be a nation of so-called minorities. Shifts in the composition of the American populace necessitate a radical change inthe ways we as a nation think about race relations, identity, and racial justice.

Once dominated by black-white relations, discussions of race are increasingly informed by an awareness of strife among nonwhite racial groups. While white influence remains important in nonwhite racial conflict, the time has come for acknowledgment of ways communities of color sometimes clash, and their struggles to heal the resulting wounds and forge strong alliances.

Melding race history, legal theory, theology, social psychology, and anecdotes, Eric K. Yamamoto offers a fresh look at race and responsibility. He tells tales of explosive conflicts and halting conciliatory efforts between African Americans and Korean and Vietnamese immigrant shop owners in Los Angeles and New Orleans. He also paints a fascinating picture of South Africa's controversial Truth and Reconciliation Commission as well as a pathbreaking Asian American apology to Native Hawaiians for complicity in their oppression. An incisive and original work by a highly respected scholar, Interracial Justice greatly advances our understanding of conflict and healing through justice in multiracial America.

How effective is judicial review in securing compliance with administrative law? This book presents an empirically-based study of the influence of judicial review on government agencies. In doing so, it explores judicial review from a regulatory perspective and uses the insights of the regulation literature to reflect on the capacity of judicial review to modify government behavior. On the basis of extensive research with heavily litigated government agencies, the book develops a framework for analyzing and researching the regulatory capacity of judicial review. Combining empirical and legal analysis, it describes the conditions which must exist to maximize judicial review's capacity to secure compliance with administrative law.

The Supreme Court has final authority in determining what the Constitution means. The Court's findings have not, however, always been final. Lively focuses on several landmark dissenting opinions--resisted initially--later redefining the meaning of the Constitution. Each opinion arises from a rich historical context and involves constitutional issues of pointed significance. Vivid descriptions of some of the colorful personalities behind the opinions add appeal. Lively conveys the evolutionary and dynamic nature of the law demonstrating the relationship between present and past understanding of the Constitution. He describes the competitive nature of constitutional development and identifies the relevance of factors including subjective preference, values, vying theories, and ideologies.

The role of the Court, is addressed as are the federal government's relationship to the states and their citizens; slavery; property rights; substantive due process; freedom of speech; and the right to be left alone. This is a clearly presented and highly instructive consideration of how the Constitution's interpretation has been fashioned over time with important insights relevant to today's Court and contemporary cases.

Thomas Curry argues that discussion and interpretation of the First Amendment have reached a point of deep crisis. Historical scholarship dealing with the background and interpretation of the Amendment are at an impasse, says Curry, and judicial interpretation is in a state of disarray. His purpose is to provide a new paradigm for the understanding and exploration of religious liberty. He traces much of the current difficulty to the largely unexamined assumption on the part of judges and scholars that the Amendment created a right - the right to free exercise of religion - and that the courts are the guardians of that right. In fact, however, the First Amendment is above all a limitation on government and a guarantee that the government will not impinge on the religious liberty that citizens already possess by natural right.

Of the "four freedoms of movement" embraced in the single European market concept - capital, goods, services and persons - the latter lags far behind in the practical affairs of Member States. In fact, the restrictions on free movement of persons are among the most significant failures of European integration. This practice guide provides a detailed overview and analysis of all EC/EU laws on free movement of persons and European citizenship. It should help practitioners to interpret and apply appropriate legislation, directives, regulations and policy statements to remedy such situations as the following: transfer of unemployment benefits; timely recognition of qualification for employment; transfer of retirement benefits; age limits defining dependents; restrictions on family reunion rights; rights of third country nationals married to EU nationals; and persons dependent on social assistance. In addition to this detailed practical material, "Freedom of Movement of Persons" collects the relevant directives, regulations, court judgements and policy statements dealing with the free movement of persons in the European Union. Between its covers it contains legal analysis, practical guidance and thorough documentation, which should make it a useful work for practitioners in the field.