Last and best edition of the first English law dictionary. Corrected and greatly enlarged, English and Law French in parallel columns. First published in 1527, this pioneering dictionary was originally written in Law French with the Latin title Expositiones Terminorum Legum Anglorumae. Quite popular with students and lawyers due to its clarity and concision, it went through at least twenty-nine editions, the last appearing in 1721(with reissues in 1742 and 1819). The 1721 edition was translated by his son, William Rastell, who is often listed as its author. "Rastell's Termes de la Ley is a book which, like St. Germain's Doctor and Student, reflects the common law at the close of the year-book period with much fidelity." --Thomas Atkins Street, The Foundation of Legal Liability III:79 John Rastell d.1536], an Oxford-educated printer and lawyer, was a Member of Parliament when the Protestant reformation was legalized. Around 1527, the time Les Termes de la Ley was first published, Rastell took part in the religious controversies of the time, defending the Roman doctrine of purgatory in his notable work, A New Boke of Purgatory. William Rastell 1508?-1565] was the eldest son of John Rastell. A printer, lawyer, judge and author, he published his great collection of statutes from the Magna Carta to the present in 1557. It was updated periodically, the final edition appearing in 1625. Rastell also compiled A Table Collected of the Yeres of our Lorde God and of the Yeres of the Kynges of Englande (1561). He edited many important works including Littleton's Tenures (1534) and Sir Anthony Fitzherbert's Natura Brevium.

The Executive in the Constitution: Structure, Autonomy, and Internal Control is the first constitutional and legal analysis of the inner workings of the executive for many years. It aims to provoke a reappraisal, by constitutional lawyers, of the place of the executive within the constitution, by exploring an area hitherto largely neglected in constitutional law: the legal foundations of the powers and structure of the executive, and the mechanisms through which the centre of the executive seeks to control the actions of departments. The authors, both pre-eminent in the field off constitutional law, show that the machinery of executive co-ordination and control is no less crucial a dimension of the constitutional order than the external machinery of democratic and legal control. These external parliamentary and judicial controls depend for their effectiveness on the executive's ability to control itself. The plural structure of the executive, however, makes the co-ordination and control of its component parts a highly problematical pursuit. Against the background of an analysis of the executive's legal structure, the book examines in detail the controls governing departmental access to staffing, financial, and legal resources, analysing the relationship between these internal controls and the external machinery of democratic and legal control, and showing how the machinery of internal control has been shaped by the structure of the executive branch. The organization of the executive and the way it controls the actions of its departments has changed significantly in recent year. This book explores the impact of the machinery if executive co-ordination and control of the ambitious public service reform project which has been pursued by successive governments over the last twenty years, as well as of changes in the wider constitutional framework, including those stemming from the United Kingdom's membership of the European Union and the growth of judicial review. It shows how public service reforms, judicial review, and European law are changing not just the inner life of the executive government but its place in the constitution as well.

Banning therapeutic and reproductive cloning jeopardizes more than cloning itself. The constitutional principles intertwined with cloning embrace such vital liberties as personal autonomy, privacy, reproduction, and freedom of expression. Properly understood, cloning is essentially the same as other forms of assisted reproduction. Procrustean bans on cloning implicate and indirectly threaten numerous key personal interests, including abortion, in vitro fertilization, same-sex adoption, and surrogacy. A government allowed to preemptively isolate and censor medico-scientific research into cloning may be emboldened to shut down other forms of disfavored inquiry and expression as well. Much of the animosity toward cloning is based on unfounded fear, science-fiction fantasy, moralistic bias, and slippery slope predictions, most of which is scientifically untenable or already illegal. Yet when people are cloned, they will in fact be less similar than identical twins; genetics aren't everything. Differing environments produce differing people, and human clones--distinct individuals--will be entitled to the same human rights and legal protections that have protected individuals for centuries. Kunich establishes the pressing need to evaluate cloning in a rational scientific and legal manner, before the extreme opposition sprouting from fear and misunderstanding, which has already led to several state laws, results in an unconstitutional federal ban.

Parliamentary elections are the foundation of the democratic State, providing legitimacy to government and an opportunity for citizens to participate in the democratic process. But despite the crucial role of elections in government and society, the law governing them is fragmented, both conceptually and in terms of the legal framework. This book examines each stage of the electoral process from the perspective of the candidate seeking to become an MP: eligibility and qualification, the candidate selection process, nominations, disputed elections and then, lastly, disqualification or exit from the House of Commons. Each stage of the process is considered in light of developments in political practice and human rights jurisprudence, and an argument is made for the rethinking and reform of the law of parliamentary candidacy and membership. The book takes into account the reforms ushered in by the parliamentary expenses scandal of 2009, and also looks to the new electoral era that may eventuate under the Liberal Democrat-Conservative Coalition Government.

This volume takes a historical approach in analyzing all of the major United States Supreme Court cases relevant to the conflict between a free press and fair trial. Campbell's thorough analysis, which relates 30 primary cases to each other and to nearly 70 associated supporting cases, consists of five parts: (1) legal backgrounds; (2) immediate historical circumstances giving rise to the cases; (3) complete summaries of all court opinions, concurring opinions, and dissenting opinions, often using the Justices' own words; (4) the Court's ruling; and (5) analysis of the significance of the cases.

This is the first in-depth analysis of American railroad litigation from the 1880s to 1910 that led to landmark decisions by the Supreme Court, fundamentally altering the meaning of due process in American constitutional law and establishing a basic power of the federal courts to restrict state regulation over railroad rates. This is the first book-length study systematically to explore the impact of American railroads on the courts and the U.S. Constitution. Historians, political scientists, and legal scholars interested in decisions that profoundly affected contemporary views on the Constitution, and the political strategy and tactics used by the railroads to affect the judicial process, will gain new insights from this study. The introduction covers the disastrous defeat that the railroads suffered at the hands of the Supreme Court in the 1877 Granger Cases when the roads first challenged governmental regulation of railroad rates. Chapters 1 through 5 analyze their victories in the 1880s and 1890s as they sought to establish substantive due process as a valid doctrine. Chapters 6 through 9 describe the subsequent litigation to circumvent the Eleventh Amendment's apparent bar to injunction suits against state officers in the federal courts, culminating in a Supreme Court landmark decision of 1908. The epilogue shows how these decisions had a lasting impact on constitutional development in the United States in relation to civil liberties and contemporary constitutional law.

Administrative Law and Policy of the EU provides a comprehensive analysis of the administration of the European Union and the legal framework within which that administration operates. The book examines the multifarious approaches, techniques, and structures of public administration in order to systematise and assess the solutions they offer to political, social, and economic problems.
The legal framework of administration is examined from the standpoint of how it meets the demands of specific policy objectives established by democratically accountable decision-makers. Administrative law structures and many of its underlying principles have developed in an evolutionary and isolated manner in each policy area. While aware of the diversity of specific areas, this book takes an overarching approach, setting out the common rules and principles that constitute the general body of EU administrative law.
By integrating the disciplines of political and administrative science, and administrative law, the book offers a rich explanation and critique of the complex executive framework of the EU.

This book originated as a series of lectures presented at Johns Hopkins in 1915. It proposes a method to supplement the established doctrine of constitutional law, which enforces legislative norms through negation and review, by a system of positive principles that would guide the making of statutes and give more definite meaning and content to the concept of due process. Highly regarded since its original publication in 1917 and the winner of Harvard Law School's Ames Prize in 1919, it went on to become a standard work. It was recommended, to cite two examples, in Roscoe Pound's Introduction to American Law (1919) and Arthur Vanderbilt's Studying Law (1945). A comment published at the end of Freund's career summarizes a general opinion: "The great quality which Ernst Freund brought to the study of administrative law was his capacity for analysis. He was the Austin of the jurisprudence of administrative law." -W.I.J., Law Quarterly Review 49 (1933): 588."We have seldom read an essay so philosophically and learnedly written and one which at the same time is extremely interesting as well as constructive. Mention is made of practically all our general classes of legislation during 'the last century, and in every instance we are treated with a learned historical review of the subject under consideration."-American Law Review 52 (1918) 476.Ernst Freund 1864-1932] was Professor of Jurisprudence and Public Law at the University of Chicago. He is widely considered to be responsible for the development of administrative law in the United States.

This collection brings together for the first time the key primary documents in the history of the abortion controversy in the United States. Organized by historical period, these 92 documents tell the story of this highly charged issue. An explanatory introduction geared to the needs of high school and college students accompanies each document. The collection emphasizes the political and social aspects of the debate, and many voices and conflicting views resound--in congressional hearings, Supreme Court decisions, government reports, party platforms, position papers, statutes, biographical accounts, and news stories. The heart of the work is the drama of Roe v. Wade--the cases that led to it, the Supreme Court decision and dissenting opinions, the reaction in Congress, public opinion, political consequences, and the most recent court tests.

The work is divided into five sections: Part I covers the historical period from its European inception until the beginning of the reform movement in the United States in the 1960s. Part II looks at the developments in 1960-1972 that led to the Supreme Court decision in Roe v. Wade in 1973. Part III focuses on Roe v. Wade and the reaction to the decision. Part IV, The Battlelines Are Drawn, 1974-1980, describes the political battles over abortion in the 1970s. Part V includes documents from the Reagan/Bush administrations and ends with the beginning of the Clinton administration in 1993. Each chapter includes a list of suggested readings. The book concludes with a chronology of events in the abortion controversy and a list of decisions of the United States Supreme Court relating to abortion. The collection will be especially useful for high school, junior college, and college students, and for public libraries.

It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional regimes. The participation of ordinary citizens in constitutional change in the world's most "advanced" democracies (such as the United States, Canada, and the United Kingdom) is weak at best: the power of constitutional reform usually lies in the exclusive hands of legislatures. How can constitutions that can only be altered by those occupying positions of power be considered democratically legitimate? This book argues that only a regime that provides an outlet for constituent power to manifest from time to time can ever come to enjoy democratic legitimacy. In so doing, it advances a democratic constitutional theory, one that combines a strong or participatory conception of democracy with a weak form of constitutionalism. The author engages with Anglo-American constitutional theory as well as examining the theory and practise of constituent power in different constitutional regimes (including Latin American countries) where constituent power has become an important part of the left's legal and political discourse. Weak Constitutionalism: Democratic Legitimacy and the Question of Constituent Power will be of particular interest to legal/political theorists and comparative constitutional lawyers. It also provides an introduction to the theory of constituent power and its relationship to constitutionalism and democracy.

This book examines how the increasing interdependence between trade and foreign policy can be managed within the legal framework of the European Union. In the context of the legally distinct characteristics of the European Community and the Common Foreign and Security Policy,it analyses the problems underpinning the regulation of three areas: sanctions against third countries, armaments, and exports of dual-use goods. The focus is on whether the constitutional order of the European Union may address these problems while performing a variety of functions: ensuring the consistency and coherence of its external relations, preserving the acquis communautaire and respecting the right of the Member States to conduct their foreign policy as fully sovereign subjects of international law. The book concludes that the interactions between trade and foreign policy may be regulated in a legally sensible and realistic way within the current structure of the European Union. The recent developments regarding the defense and security identity of the European Union and the debate over the nature of an enlarged Union make this book all the more topical.

What makes a great book? If the determining factors are the content,authorship and timing of publication then this collection of essays from some of Europe's most eminent judges and jurists satisfies all three criteria. Readers will here find the expanded versions of the speeches given at a one-day conference in London to mark, from a legal point of view, the beginning of the new millennium. In a thoughtful and predominantly comparative manner the distinguished speakers explore the cross fertilisation of ideas that is taking place between the Common and Civil law systems in such important topics as human rights, commercial law, and comparative methodology. The contributors include Lords Irvine, Bingham, Woolf, Steyn, and Goff, the President of the Court of the European Communities, Dr Iglesias, the President of the Court of Human Rights, Dr Wildhaber, the President of the German Constitutional Court, Professor Limbach, Justices Lenoir and Mirabelli, respectively of the French and Italian Constitutional Courts, the Professor Walter van Gerven, former Advocate General of the Court of the European Communities, Professor Klaus Hopt, co-Director of the Max-Planck Institute of Hamburg, Professor Christian von Bar, Director of the Institute of Comparative Law at the University of Osnabruck and the organiser of the conference, Professor Basil Markesinis, Director of the Oxford Institute of European and Comparative Law. The book commences with a Foreword by Keith Clark, Senior Partner of the multinational law firm, Clifford Chance, who have sponsored the conference. This is a unique book about legal practice in the increasingly integrated world of tomorrow.

This book examines the frequency, causes and management of divided government in comparative context, identifying the similarities and differences between the various experiences of this increasingly frequent form of government. The countries studied include Denmark, Ecuador, Finland, France, Germany, Ireland, Italy, Mexico, Norway, Poland, and the US.

This book presents an analysis of the concept of the administrative act and its classification as 'foreign', and studies the administrative procedure for adopting administrative acts in a range of countries in and outside Europe. While focusing on the recognition and execution of foreign administrative acts, the book examines the validity, efficacy and enforceability of foreign administrative acts at national level. The book starts with a general analysis of the issue, offering general conclusions about the experiences in different countries. It then analyses the aforementioned themes from the perspective of the domestic law of different European nations and a number of international organisations (European Union, MERCOSUR, and Andean Community). In addition, the book studies the role of the European Union in the progress towards the recognition and execution of foreign administrative acts, where the principle of mutual recognition plays a vital part. Finally, the book analyses the international conventions on the recognition and execution of administrative acts and on the legalisation of public documents.

Professor Rideout reviews the laws concerning trade unionism by presenting case surveys and comparing British, American and Commonwealth laws. He is particularly concerned with the right of admission to membership and the regulation of disciplinary proceedings, and speculates on future developments in trade union law.

This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The "sharing" of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.

Surveys show that the all-volunteer military is our most respected and trusted institution, but over the last thirty-five years it has grown estranged from civilian society. Without a draft, imperfect as it was, the military is no longer as representative of civilian society. Fewer people accept the obligation for military service, and a larger number lack the knowledge to be engaged participants in civilian control of the military.
The end of the draft, however, is not the most important reason we have a significant civil-military gap today. A More Perfect Military explains how the Supreme Court used the cultural division of the Vietnam era to change the nature of our civil-military relations. The Supreme Court describes itself as a strong supporter of the military and its distinctive culture, but in the all-volunteer era, its decisions have consistently undermined the military's traditional relationship to law and the Constitution. Most people would never suspect there was anything wrong, but our civil-military relations are now as constitutionally fragile as they have ever been.
A More Perfect Military is a bracingly candid assessment of the military's constitutional health. It crosses ideological and political boundaries and is challenging-even unsettling-to both liberal and conservative views. It is written for those who believe the military may be slipping away from our common national experience. This book is the blueprint for a new national conversation about military service.

Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.The authors - leading comparativists from around the world - illuminate material from Asian jurisdictions on matters such as freedom of religion, constitutional courts, property rights, emergency regimes and the drafting process of constitutions. Together they present a picture of a region that is grappling with complex constitutional issues and is engaged with developments in the rest of the world, while at the same time pursuing distinctive local solutions that deserve close attention. This unique scholarly study will prove an important research tool for Asian scholars, constitutional lawyers within Asia and comparative constitutional scholars around the world. Contributors: T. Allen, J. Blount, J.A. Cheibub, S. Choudhry, R. Chowdhry, M. Clark, R. Dixon, T. Ginsburg, R. Hirschl, M. Khosla, F. Limongi, K. O'Regan, V.V. Ramraj, C. Saunders, A. Stone, M. Tushnet

This book discusses the recently introduced concession policy, which is also known as PPP worldwide, on municipal utilities policy in China. In this context, critics have claimed that there is a gap in accountability with regard to concessions. The author utilizes interdisciplinary methods and comparative studies, taking into account the situation in the EU and US to analyze the accountability gap some feel will be created when the policy is implemented. Taking water sector concessions as the subject of discussion, the author distinguishes between three types of accountability: traditional bureaucratic accountability, legal accountability and public accountability. By systematically analyzing the essential problems involved, the book attempts to achieve a better understanding of concession and its application in the context of public utilities and finds that the alleged accountability gap is attributed to traditional bureaucratic accountability in China and the concession system per se.