Published anonymously, this highly respected work was the first history of the common law. Originally published: London]: Printed by J. Nutt, 1713. iii], 264, 12]; xvi], 171 pp. Reprint of the first edition. Two parts, each with title page and individual pagination: The History of the Common Law of England: Divided into Twelve Chapters; The Analysis of the Law: Being a Scheme, Or Abstract, Of the Several Titles and Partitions of the Law of England, Digested into Method. A series of chronological essays drawn from Hale's manuscripts, it "give s] us a clear statement of the history of some of the important external features of the common law...Sketch as it is his history is living history because its author had a clear view of its whole course" (Holdsworth, Sources and Literature of English Law 151-152).
Sir Matthew Hale 1609-1676] was a Judge of the Common Pleas, well-known for his History of the Pleas of the Crown.

This book analyses the recent modernisation of EU State aid law from various perspectives, and considers both substantive and procedural aspects. It also discusses the reasons for, and the goals and future implications of the modernisation programme, including the evolution of the concept of State aid. The ambitious reform programme was launched in 2012 and has now been almost fully implemented by virtue of the adoption of new rules of procedure in July 2013, and exemption in June 2014. The book highlights the main aspects of this sector reform, which include the Commission's change of attitude towards so-called positive aid, i.e. those able to promote economic growth, and the intention to focus on matters of greater systematic extent. These objectives also imply a third aspect: increasing the intensity of the control powers conferred on the Commission with regard to that aid that prove to be harmful to competition and the internal market. The book also examines the greater responsibility given to States for self-assessment of their economic policy measures, and explores the resulting impact on, and challenges posed to the administrations of the Member States. The book's second part is devoted to the application State aid rules in the area of services of general economic interest, with a special focus on aid in the field of social health and infrastructure.

View the Table of Contents. Read Chapter One.

aDoes a terrific job of laying out how the courts have conspired to limit the abortion access of teenaged girls. The results are clear, convincing, and enraging. How we- and the lawmakers who represent us- respond will indicate whether the pro-choice community has the wherewithal to fight back and defend Roe. Helena Silverstein has broken the silence on judicial bypass. It is now up to the rest of us to take action.a
--"Z Magazine"

aSilverstein implements a tremendous research design that yields a very well-written book, and the resulting evidence backs up a powerful indictment of street level justice at work.a--"Law and Politics Book Review"

aDoes a terrific job of laying out how the courts have conspired to limit the abortion access of teenage girls. The results are clear, convincing and enraging. . . . Silverstein has broken the silence on judicial bypass. It is now up to the rest of us to take action.a
--"New York Law Journal"

aSilversteinas book is a welcome addition because, rather than focusing on normative debates about abortion that almost anyone interested in the question is already familiar with, she focuses on how parental notification laws actually work on the ground. The book is judicious and moderate in tone. . . . A first-rate work of social science.a
--"American Prospect Online"

aThatas the law; whatas the practice? Helena Silverstein, a political scientist, surveyed the courts charged with implementing the parental bypass in Alabama, Tennessee and Pennsylvaniaa]Silversteinas findings, which range from disturbing to appalling, are set out in Girls on the Stand: How Courts Fail Pregnant Minors.a
--"San Francisco Chronicle"

In the wake of the Supreme Court's 1973 "Roe v. Wade" decision, many states tested "Roe" by placing restrictions on abortion rights. Most states now have parental consent laws for women under age eighteen. For minors who have reason to avoid parental involvement, the Supreme Court has instituted a generally welcomed compromise that allows minors to seek authorization by a third party, usually a judge. In this groundbreaking study, Silverstein demonstrates that this compromise is fatally flawed. . . . Silverstein does an excellent job of explicating the serious problems with this compromise, concluding that it is rooted in the myth that judges can be relied on to be unbiased. . . . Silverstein has produced an important contribution to women's studies and legal practice and theory.a
--"Publishers Weekly"

aHelena Silverstein's important research reveals a court system that all too often fails the most vulnerable teenagers.a
--Louise Melling, Director of the ACLU Reproductive Freedom Project

aTaking on the emotionally charged issue of mandatory parental involvement in the abortion decisions of minors and judicial bypass provisions in three states, Silverstein carefully lays out and skillfully dismantles myths that sustain support for these policies. Her prose is lucid and engaging, her argument powerful and persuasive. This book is one of the best examples of a new generation of scholarship on law and legal processes.a
--Austin Sarat, co-editor of "From Lynch Mobs to the Killing State: Race and the Death Penalty in America"

aSilverstein develops an incisive, empirically rich, and tightly reasoned case about how the beguiling amyth ofrightsa props up a fatally flawed public policy for pregnant minors. This is a veryoriginal, powerful, and important book that deserves to be read by a wide audience.a
--Michael McCann, co-author of "Distorting the Law: Politics, Media, and the Litigation Crisis"

aSilverstein's research on the by-pass protections written into parental notification legislation reveals how and why these protections provided for pregnant minors are subverted by clumsy bureaucratic procedures and by politically driven judicial decisions. In so doing, she brings empirical evidence, conceptual sophistication and extraordinary good sense to divisive controversies over reproductive rights, legality and democracy.a
--Stuart Scheingold, Professor Emeritus of Political Science, University of Washington

The U.S. Supreme Court has decided that states may require parental involvement in the abortion decisions of pregnant minors as long as minors have the opportunity to petition for a "bypass" of parental involvement. To date, virtually all of the 34 states that mandate parental involvement have put judges in charge of the bypass process. Individual judges are thereby responsible for deciding whether or not the minor has a legitimate basis to seek an abortion absent parental participation. In this revealing and disturbing book, Helena Silverstein presents a detailed picture of how the bypass process actually functions.

Silverstein led a team of researchers who surveyed more than 200 courts designated to handle bypass cases in three states. Her research shows indisputably that laws are being routinely ignored and, when enforced, interpreted by judges in widely divergent ways. In fact, she finds audaciousacts of judicial discretion, in which judges structure bypass proceedings in a shameless and calculated effort to communicate their religious and political views and to persuade minors to carry their pregnancies to term. Her investigations uncover judicial mandates that minors receive pro-life counseling from evangelical Christian ministries, as well as the practice of appointing attorneys to represent the interests of unborn children at bypass hearings.

Girls on the Stand convincingly demonstrates that safeguards promised by parental involvement laws do not exist in practice and that a legal process designed to help young women make informed decisions instead victimizes them. In making this case, the book casts doubt not only on the structure of parental involvement mandates but also on the naAve faith in law that sustains them. It consciously contributes to a growing body of books aimed at debunking the popular myth that, in the land of the free, there is equal justice for all.

The Second Amendment, by far the most controversial amendment to the US Constitution, will soon celebrate its 225th anniversary. Yet, despite the amount of ink spilled over this controversy, the debate continues on into the 21st century. Initially written with a view towards protecting the nascent nation from more powerful enemies and preventing the tyranny experienced during the final years of British rule, the Second Amendment has since become central to discussions about the balance between security and freedom. It features in election contests and informs cultural discussions about race and gender. This book seeks to broaden the discussion. It situates discussion about gun controls within contemporary debates about citizenship, culture, philosophy and foreign policy as well as in the more familiar terrain of politics and history. It features experts on the Constitution as well as chapters discussing the symbolic importance of Annie Oakley, the role of firearms in race, and filmic representations of armed Hispanic girl gangs. It asks about the morality of gun controls and of not imposing them. The collection presents a balanced view between those who favour more gun controls and those who would prefer fewer of them. It is infused with the belief that through honest and open debate the often bitter cultural divide on the Second Amendment can be overcome and real progress made. It contains a diverse range of perspectives including, uniquely, a European perspective on this most American of issues.

In These Estimable Courts Damon Cann and Jeff Yates explore how citizens feel about the government institutions at the front lines of jurisprudential policy-making in America - our nation's state and local courts. The book's central focus concerns a primary question of governance - why do people support and find legitimate the institutions that govern their lives? Cann and Yates evaluate the factors that drive citizens' support for their state and local courts and that influence peoples' perceptions of the proper role of these courts in our society, as well as how judicial policy-making should be made. A viable democracy depends upon citizen belief in the legitimacy of government institutions. Nowhere is this more evident than in judicial institutions. Courts depend heavily on a reservoir of public good will and institutional legitimacy to get their decrees obeyed by the public and implemented by other policy actors. It enables courts to weather the storm of counter-majoritarian decisions and remain effective governing bodies whose edicts are respected and followed. These Estimable Courts takes advantage of new original survey data to evaluate citizens' beliefs about the legitimacy of state courts as well as a number of important related concerns. These include peoples' views concerning how judges decide cases, the role of judges and courts in policy-making, the manner in which we select judges, and finally, the dynamics of citizens' views regarding compliance with the law and legal institutions.

This book is a grand review of the centurial development of rule of law in China. It covers the most important issues in this area and presents "political constitution," a new interpretative framework that allows the Chinese experience of rule of law to be more fully and correctly expressed. It is especially useful to scholars involved in the study of modern China. The main chapters of this book include: The Constituent Movement in the Late Qing Dynasty; The Xinhai (1911) Revolution; Constitution-making at the Beginning of the Republic of China; The Great Revolution in the 1920s; The Rise of the Party State and its Transition; The Founding of 1949 New China and its Early Constitutional Development; and The Dualist System of Rule of Law in the Reforming Times.

European borders that aim to control migration and mobility increasingly rely on technology to distinguish between citizens and aliens. This book explores new tensions in Europe between states and citizens, and between politics, technology and human rights.

This book tackles the important topic of the relationship between three parts of the public law regime in a common law jurisdiction: the common law of judicial review or the unwritten constitution, the written constitution and public international law. Thematic coherence is ensured by the fact that the papers were presented at a conference in early 2003 and then extensively revised, and by a general focus on a path-breaking decision of Canada's Supreme Court (Baker). The book thus contains a highly productive exchange between an international group of scholars on such themes as the rule of law, judicial deference, the separation of powers, the role of human rights in common law reasoning on immigration and security matters, and the nature of legal authority.

Constitutional pluralism has become immensely popular among scholars who study European integration and issues of global governance. Some of them believe that constitutionalism, traditionally thought to be bound to a nation state, can emerge beyond state borders - most importantly in the process of European integration, but also beyond that, for example, in international regulatory regimes such as the WTO, or international systems of fundamental rights protection, such as the European Convention. At the same time, the idea of constitutional pluralism has not gone unchallenged. Some have questioned its compatibility with the very nature of law and the values which law brings to constitutionalism. The critiques have come from both sides: from those who believe in the 'traditional' European constitutionalism based on a hierarchically superior authority of the European Union as well as from scholars focusing on constitutions of particular states. The book collects contributions taking opposing perspectives on constitutional pluralism - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it. While some authors can be called 'the founding fathers of constitutional pluralism', others are young academics who have recently entered the field. Together they offer fresh perspectives on both theoretical and practical aspects of constitutional pluralism, enriching our existing understanding of the concept in current scholarship.

Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.

This book addresses the issue of corruption as a socio-economic rights concern at a national level. Zimbabwe's widespread corruption inhibited its development in all aspects. It weakened institutions, especially those called upon to arbitrate political and economic contests, leading to potential human rights violations. However, Zimbabwe saw a change of government in November 2017. Due to this, there seemed to be an opening to work towards reform in relation to the anti-corruption architecture. Specifically, the new era provides an opportunity to review how accountability mechanisms (including but not limited to amnesties, truth commissions, institutional reforms and prosecutions) can address corruption as a socio-economic rights violation. As the new government still tries to address competing priorities, many moving parts and various matrixes, this volume in the International Criminal Justice Series provides a timely frame for revisiting the debate and developing the strategic thinking regarding transitional justice options in Zimbabwe. It will be of great interest to practitioners, policy makers, scholars and students in the fields of anti-corruption, socio-economic and human rights, and transitional justice. Prosper Maguchu is Visiting Assistant Professor at the Centre for the Politics of Transnational Law of the Vrije Universiteit Amsterdam, The Netherlands.

A riveting history of the Supreme Court decision that set the legal precedent for citizen challenges to government surveillance The tension between national security and civil rights is nowhere more evident than in the fight over government domestic surveillance. Governments must be able to collect information at some level, but surveillance has become increasingly controversial due to its more egregious uses and abuses, which tips the balance toward increased-and sometimes total-government control.This struggle came to forefront in the early 1970s, after decades of abuses by U.S. law enforcement and intelligence agencies were revealed to the public, prompting both legislation and lawsuits challenging the constitutionality of these programs. As the plaintiffs in these lawsuits discovered, however, bringing legal challenges to secret government surveillance programs in federal courts faces a formidable obstacle in the principle that limits court access only to those who have standing, meaning they can show actual or imminent injury-a significant problem when evidence of the challenged program is secret. In Being Watched, Jeffrey L. Vagle draws on the legacy of the 1972 Supreme Court decision in Laird v. Tatum to tell the fascinating and disturbing story of jurisprudence related to the issue of standing in citizen challenges to government surveillance in the United States. It examines the facts of surveillance cases and the reasoning of the courts who heard them, and considers whether the obstacle of standing to surveillance challenges in U.S. courts can ever be overcome. Vagle journeys through a history of military domestic surveillance, tensions between the three branches of government, the powers of the presidency in times of war, and the power of individual citizens in the ongoing quest for the elusive freedom-organization balance. The history brings to light the remarkable number of similarities among the contexts in which government surveillance thrives, including overzealous military and intelligent agencies and an ideologically fractured Supreme Court. More broadly, Being Watched looks at our democratic system of government and its ability to remain healthy and intact during times of national crisis. A compelling history of a Supreme Court decision and its far-reaching consequences, Being Watched is essential reading for anyone seeking to understand the legal justifications for-and objections to-surveillance.

Referendums—the direct popular vote on an issue—appear to be the most democratic of decision mechanisms because the voice of the people is directly heard rather than mediated through elected representatives in legislatures. But referendums can be manipulated by elites using tactics such as timing and wording of the question submitted to a popular vote. Leaders can orchestrate referendum campaigns to their benefit while still claiming the popular legitimacy granted. This takes place in long-established democracies like France, authoritarian regimes like Pinochet’s Chile, and new democracies like those among the Post-Soviet states where competition is raw, rules are new, and institutions weak. Mark Walker sheds light on the appeal and dangers of referendums and why democratic ideals are not always served.

The book edition of "Constitutions of the World from the late 18th Century to the Middle of the 19th Century" is the most complete and academically thorough collection of its kind. It contains constitutional documents from all over the world, written from 1776 to the end of the year 1849. This collection includes about 1,000 constitutions, human rights declarations, and draughts of constitutions that never came into force, from this period. These early constitutional documents were collected and examined in archives and libraries all over the world, as part of a project by the Deutsche Forschungs-gemeinschaft (German Research Foundation).Using the original documents, experts from American and European universities reconstructed the authentic constitution texts for each country, and annotated them in their respective original languages. Each volume contains a short introduction, a main part with the edited constitution documents of a country, comments and an index.The unique value of the complete edition lies in its making all constitutions, from the early phase of modern constitutionalism, accessible in a reliable, authentic text version for the first time. These constitutions were widely scattered until now and, in many cases, unknown.

The volume is a thoroughly revised edition of the author's book on German Administrative Law which was first published in 1985. From the perspective of a common law jurisdiction the author presents the basic framework of German administrative law, along the lines administrative law is understood in the English speaking world. It covers all the essential elements of German administrative law. It is updated to include the latest developments and the impact of EC law in different spheres.

"Experimenting With The Consumer" exposes the hazards of the mass-market experimentation in which every American consumer and worker is unwittingly tapped for product risk data by manufacturers, scientists, and regulators. Vioxx, Heparin, Avandia, Paxil, fen-phen, estrogens, silicone implants, pacemakers, formaldehyde in FEMA trailers, 60 buckyballs in coatings ... the headlines are increasingly filled with hidden risks coming to light in popular products years after federal agencies approve them for the American public. Shapo shows readers how to get past unreasonable trust or fear and make the best risk-management choices for themselves and their families. He walks them through what questions to ask before consenting to be in a clinical trial; how to evaluate the implied bold-print claims against the small-print disclosures in advertisements for medical products; how to uncover product and environmental risks in their homes, workplaces, supermarkets, and neighborhoods; how to assess and control product risk while maximizing consumer choice and benefit; how to pressure government to tighten consumer protection; and how to seek legal redress.

Through a diverse selection of dramatic case studies, Shapo lays bare the incentives of companies and entrepreneurial scientists to fake or obscure experimental data before and after government approval; the fights between interested and disinterested scientists over data; the fights between scientists and doctors over patient rights; the campaigns of activists against government agencies to release experimental drugs; the impact of the journalistic and promotional media on public knowledge and perception of product risk; and the marketing tricks that manufacturers use to harness sexual desire to product launches and to shape the prescription choices of physicians.

In the era of globalization, comparative government and politics have come to the forefront due to the transformations of the social welfare state and the subsequent social, economic, political, cultural, technological and administrative changes. Taking a particular look at local government systems can uncover new perspectives on issues related to globalization, localization, governance, new democracy movements, managerial reformation, and privatization. Comparative Studies and Regionally-Focused Cases Examining Local Governments is a pivotal reference source for the latest scholarly research on the role played by local governments in overall administration, types and models of government at the local level, consequences of managerial reformations, and new develops regarding structure, process, personnel, and policymaking aspects of government. Highlighting relevant perspectives from comparative research and case studies, this book is ideally designed for students, government officials, politicians, civil society representatives, and academicians.

In various European countries such as France, Italy, and the Netherlands, lawmakers have adopted legislation in order to deal with the consequences of the economic crisis. These laws contain provisions aimed at speeding up administrative decision making and judicial proceedings which have an impact on various provisions of general administrative law. Alongside the aim of facing the economic crisis, these measures aim to make administrative law more up-to-date and ensure it meets the needs of contemporary society.However, acceleration measures concerning decision-making and judicial proceedings may clash with the need to preserve the quality of these proceedings. On the one hand, swift procedures can be considered to be one aspect of high-quality decision making. On the other hand, other aspects of quality such as public participation and the thorough consideration of all relevant aspects and interests, may be at risk when the speed of decision-making is the only focus of reforms.Quality and Speed in Administrative Decision-Making: Tension or Balance? presents six national perspectives on these issues, together with a comparative overview comparing and contrasting national approaches with regards to finding a balance between the pace of proceedings and the quality of administrative and judicial decisions.The book will be of interest to academics of European and comparative administrative law, as well as policy-makers at the national and European level.