This study investigates the independent prerogative which Mary I and Elizabeth I exercised through royal proclamations. These public documents were announced throughout England, informing men and arguing the Queen's positions, commanding local officials to perform specific actions, and on occasion creating new but temporary law that was designed to meet crisis situation when no delay could be tolerated. The theoretical relationship between this prerogative power and the existing statutory law has been the subject of much debate. This study adds an element previously neglected, the investigation of the Queens' actual use of the proclamations, showing that they did innovate with vigour and legislate in them, but only to supplement and not supplant the law, and within the limits slowly being formulated in the sixteenth century. Professor Youngs demonstrates how the proclamations affected domestic security and foreign affairs, social and economic matters, and religion.

Royal proclamations were an important instrument of Tudor government and their legislative function has long been a subject of historical controversy, but the actual use of them by the Tudor monarchs has not been adequately studied. The main purpose of this book is to provide a systematic analysis of the use, authority and enforcement of proclamations in early Tudor England. Professor Heinze first attempts to establish a more accurate account of the proclamations issued; and then describes their formulation and promulgation. He also investigates the authority of proclamations as defined by Parliament and the role and power attributed to them by Tudor judges and legal writers. The main body of the study traces the actual use of proclamations and their relationship to statutory and common law. Separate chapters are devoted to the controversial Statute of Proclamations and the long neglected subject of enforcement.

The eighteenth century witnessed both a notable increase in the amount of legislation passed in each parliamentary session as a response to the changing economic and social climate, and the development of new forms of parliamentary practice which foreshadowed the much better known innovations of the nineteenth century. In consequence, Parliament gained much greater influence over the everyday life of the community, and the new profession of parliamentary agent developed to assist landowners and local communities in their dealings with Parliament. The study centres round the work of Robert Harper of Lincoln's Inn, an eminent conveyancer whose active career as one of the first parliamentary agents spanned half the century. Miss Lambert describes in detail Harper's important collection of printed parliamentary papers, using them to throw light on the nature of the evidence provided by printed bills. She demonstrates how this evidence may be used to advantage in conjunction with Parliamentary records, particularly in studying local, economic and family history.

Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts.
Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.

This title, a companion volume to The Law Making Process, is the definitive collection of cases and materials on the workings of the English legal system. Written by the foremost scholar in the field, it surveys how the law functions from the trial process (from pre-trial proceedings to the funding of trials), the role of the jury, and the legal profession. This edition takes account of all recent major legislative and judicial changes and updates the material on the established areas of the law. The book takes a 'law in context' approach, setting out those factors beyond the legal environment which impact on and inform the changes within it. The collection is required reading for all students seeking a thorough knowledge and in-depth understanding of how the English legal system operates.

The Art of Argument guides readers through the process of developing, defending and presenting a compelling argument. Primarily aimed at students who are about to undertake or participate in an international mooting competition, The Art of Argument explains in a step-by-step process what to do when you first get the moot problem, how to begin researching the subject matter, the emotional highs and lows, why practice makes perfect, how to handle yourself at the competition, and most importantly to have fun. Through the process of mooting you learn how to construct analytical arguments, to present your point logically and soundly and to consider and address the queries and concerns of your opponent and the Moot Master. For a law student there is no greater skill than constructing a logical and compelling argument.

The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the scope, extent and effects of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
The Bribery Act 2010 reforms the law of corruption, currently covered by the common law and a number of statutes dating to the late 19th and early 20th centuries. The Act modernizes the existing law and creates new offences and investigative powers - targeted at both individuals and businesses, particularly those operating in sectors most often associated with corruption of public officials (such as defense, construction, healthcare, and the extractive industries). It is also intended to enable increased prosecution of businesses operating overseas, whether through subsidiaries, joint ventures, or direct market access. It also simplifies and clarifies existing laws, and makes UK law compliant with international instruments.
This new Blackstone's Guide combines the full text of the Act and extracts of related relevant legislation with an expert narrative. It brings practitioners up-to-date with this complex piece of drafting. Presented in a straightforward layout, it enables ease of use as a reference source.

Today, statutes make up the bulk of the relevant law heard in federal courts and arguably represent the most important source of American law. The proper means of judicial interpretation of those statutes have been the subject of great attention and dispute over the years. This book provides new insights into the theory and practice of statutory interpretation by courts.
Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. It contains a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.

European law has been faced with increasingly complex issues emerging from rapid developments in pharmaceutical medicine and biotechnology. A team of distinguished European legal practitioners and academics reassess the impact of European law on health care and pharmaceutical law. The essays are grouped under four themes: free movement of goods and persons, competition and intellectual property; European drug regulation; biotechnology; and product liability and transnational health care litigation. This important study offers a valuable resource for the pharmaceutical and biotechnology industries, as well as legal academics and practitioners.

This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.

The EU Structural Funds is a pioneering book that provides the first systematic and critical examination of the role of the EU Structural Funds and other financial instruments in European integration. The examination is important because of the substantial sums of money involved and shows that these sums are not necessarily being used effectively or efficiently. Total Structural Fund spending from 1994 to 1999 is to be almost Euro 170 billion and this sum represents around 33 per cent of the Union budget and around 0.4 per cent of the Union gross domestic product. For the years 2000 to 2006 spending of up to Euro 218.4 billion is proposed. The issues raised by Andrew Evans are highly topical because of the challenges to established practice entailed by the introduction of a single currency, the `Euro', and by plans for the future accession of several countries of Central and Eastern Europe to the Union.

European environmental and energy policies are currently challenged by two mutually dependent issues: CO2 abatement and the completion of the Internal Market for energy. Both will lead to substantial structural changes in the energy supply industry and in the wider economy. The purpose of this book is to analyze the interaction between CO2 abatement, economic structural change and the completion of the European Internal Market. This involves not only significant general equilibrium effects, but also technological changes, especially in the electricity supply sector. The simulation results indicate that the effects of measures to reduce European CO2 emissions depend considerably on the structure of the electricity supply system.

This volume discusses the role of the European Community, in particular the Single European Market, and shows how it is having an important impact on women's working lives. As well as documenting women's employment throughout Europe, the book addresses issues of key importance for women in Europe. These include how the European Community has developed policies, that positively benefit women, the way that women are influencing change at the European level and the impact that this is having at the national level.

Unsurpassed in authority, reliability and accuracy; the 11th edition has been fully revised and updated to incorporate all relevant legislation for medical law courses. Blackstone's Statutes on Medical Law is an abridged collection of legislation carefully reviewed and selected by Cressida Auckland. With unparalleled coverage of medical law, Blackstone's Statutes on Medical Law leads the market: consistently recommended by lecturers and relied on by students for exam and course use. Blackstone's Statutes on Medical Law is: - Trusted: ideal for exam use - Practical: find what you need instantly - Reliable: current, comprehensive coverage - Relevant: content reviewed to match your course Digital formats and resources This edition is also available for students and institutions to purchase in digital format and is supported by online resources. - The e-book offers convenient access along with functionality tools and navigation features that offer extra learning support www.oxfordtextbooks.co.uk/ebooks - The online resources include video guides to reading and interpreting statutes, web links, exam tips, and an interactive sample Act of Parliament.

This work covers such topics as: EU directives and harmonization work; health, safety and environment; recent technical development - products and processes; shot hole development; and management of blasting operations.

Published since 1929 (and featuring cases from 1919) the International Law Reports is devoted to the regular and systematic reporting of decisions of international courts and arbitrators and judgments of national courts. Cases are drawn from every relevant jurisdiction--international and national. This series is an essential holding for every library providing even minimal international law coverage. It offers access to international case law in an efficient and economical manner.

In this collection of essays, originally presented at the Academy of European Law in Florence, the changing landscape of the EU's legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create 'law' in the traditional sense are analysed. This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU's traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of Member States such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures. The volume endeavours to explain the adaptability of the EU legal order despite the fact that the legal instruments at the Union's disposal have not fundamentally changed since the Treaty of Rome came into force 60 years ago. It explores the challenges that new decisional procedures and variations in the legal quality of EU acts pose for the EU's legal order, including alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law.

In this book Bosko Tripkovic develops a theory of value-based arguments in constitutional adjudication. In contrast to the standard question of constitutional theory that asks whether the courts get moral answers wrong, it asks a more fundamental question of whether the courts get the morality itself wrong. Tripkovic argues for an antirealist conception of value -one that does not presuppose the existence of mind-independent moral truths- and accounts for the effect this ought to have on existing value-based arguments made by constitutional courts. The book identifies three dominant types of value-based arguments in comparative constitutional practice: arguments from constitutional identity, common sentiment, and universal reason, and explains why they fail as self-standing approaches to moral judgment. It then suggests that the appropriate moral judgments emerge from the dynamics between practical confidence, which denotes the inescapability of the self and the evaluative attitudes it entails, and reflection, which denotes the process of challenging and questioning these attitudes. The book applies the notions of confidence and reflection to constitutional reasoning and maintains that the moral inquiry of the constitutional court ought to depart from the emotive intuitions of the constitutional community and then challenge these intuitions through reflective exposure to different perspectives in order to better understand and develop the underlying constitutional identity. The book casts new light on common constitutional dilemmas and allows us to envisage new ways of resolving them.

Die doel van hierdie boek is om `n eerste inleiding tot die sakereg vir `n elementere kursus oor hierdie onderwerp te verskaf. Inleiding tot die Sakereg is spesifiek vir studente in so `n eerste kursus geskryf, en daarom is die inhoud beperk tot wat die outeurs as essensieel vir hierdie studente beskou. Vir dieselfde rede is voetnote nie gebruik nie; in `n inleidende kursus behoort die klem op die verstaan van basiese konsepte en beginsels te val eerder as op verdere bronne en materiaal. Daar is egter wel uitvoerig van voorbeelde uit die regspraak gebruik gemaak. Inleiding tot die Sakereg poog om die sakereg in die nuwe konstitusionele konteks uiteen te sit, en daarom is enkele hoofstukke oor die konstitusionele beskerming van eiendom en grondhervorming ingesluit. Hierdie nuwe uitgawe word ook as deel van Juta se Property Law Library gepubliseer omdat die doel, van daardie reeks is om die wisselwerking tussen die gemenereg, die grondwet en regshervorming in `n konstitusionele stelsel te illustreer. Synde `n inleiding is die boek anders as die ander volumes in die reeks in die sin dat dit spesifiek op studente gerig is.

Blackstone's Statutes have a 25-year tradition of trust and quality, and a rock-solid reputation for accuracy, reliability, and authority. Content is extensively reviewed to ensure a close map to courses. Blackstone's Statutes lead the market: consistently recommended by lecturers and relied on by students for exam and course use. Each title is: * Trusted: ideal for exam use * Practical: find what you need instantly * Reliable: current, comprehensive coverage * Relevant: content based on detailed market feedback Visit www.oxfordtextbooks.co.uk/orc/statutes/ for accompanying online resources, including additional statutes and materials, video guides to reading and interpreting statutes, exam tips, and an interactive sample Act of Parliament.

Legislative drafting is an extremely onerous, exacting and highly-skilled task. What is clearly conceived in the mind may not be easily expressed with clarity and precision in words. It is a highly technical discipline, and one of the most vigorous forms of writing. Few lawyers have the special combination of skills, aptitudes and temperament necessary for a competent draftsperson. This book provides, for the first time, detailed commentary on legislative drafting with a specific focus on the Commonwealth, covering: the ethics of legislative drafting, teaching, training and retention of drafters, the role of legislative drafting in good governance, keeping the statute book up-to-date, drafting by more than words: the use of graphics, labels and formulae in legislation; and the particular challenges of drafting for small states. It constitutes a key reference for legislative drafters, parliamentary counsel and professionals involved in this field in the Commonwealth and beyond. This book was based on a special issue of Commonwealth Law Bulletin.

The regulation of civil society provides the framework under which those organisations can most effectively provide services in education, health, social services, housing, development aid and so on. Civil Society in Europe identifies common principles of civil society law in two ways. First, the approaches of the Council of Europe and the European Union are explored. Next, civil society regulation in twelve domestic legal systems are investigated on a broad range of substantive areas of law including internal organisation, registration, external supervision, public benefit organisations and international activities. From these, the authors distill a set of minimum norms and optimal conditions under which civil society can deliver its aims most effectively. This book is essential reading for policymakers and legislators across Europe and beyond.

This is the third of three self-contained volumes, making up the Oxford Encyclopaedia of EC Law, a major reference work on the law of the European Community/Union. The first of its kind in any language, it provides an authoritative guide to the interpretation of Community law. The first volume covered Institutional Law, and the second the Law of the Internal Market. This final volume focuses on competition law and policy, with separate entries devoted to competition law in specific business sectors, and other significant areas of competition law, such as exclusive agreements, merger control, state aid, and vertical agreements. A new edition of the volume of the Encyclopaedia covering Institutional Law (first published 1991) will be produced once the fate of the European Constitution has been decided.
The entries are arranged alphabetically, and each entry begins with a short definition of a term or concept, followed by a longer and more detailed explanation. The definitions and explanations are based on the Treaties and the legal acts of the institutions (secondary legislation), as interpreted in the extensive case-law of the European Court of Justice and the Court of First Instance, to which full references are made in the text. The book is thoroughly cross-referenced, and each entry is followed by a reading list to facilitate further research. The volume thus contains a comprehensive and detailed coverage of its subject, reflecting the authoritative interpretation of Community law by the Community Courts.
There is a full list of entries at the beginning of the volume guiding the reader to the relevant term or concept, making the book easily accessible. There arecomprehensive tables of cases, Treaties, international agreements and secondary legislation, plus an Index to the entire volume.
Prepared by a team of experts in the field of EC/EU law and competition law and policy, the volume will serve both as a reliable tool for practitioners looking for an authoritative and up-to-date explanation of a subject supported by an extensive citation of cases, and as a starting-point for advanced students or academics wishing to carry out further research in this area of the law.

This book represents an exciting new contribution to the field of refugee law and human rights law. It considers the legal obligations which countries have to people who do not meet the legal definition of a 'refugee', but who have nonetheless been forcibly displaced from their homes, whether due to war, generalized violence, humanitarian disaster or torture, inhuman or degrading treatment or punishment. This is known as 'complementary protection', because it complements the central international instrument in this area, the 1951 Refugee Convention. The book analyses international human rights law to discern where such legal obligations to protect might arise, and considers the legal status which countries ought to provide to such people. It provides a comprehensive overview of States' current responses to this issue, and offers original and thoughtful suggestions for protecting such persons within the international legal framework. This book is the first dedicated study on 'complementary protection' - the protection afforded by States to persons who need international protection but fall outside the legal definition of a refugee in article 1A(2) of the 1951 Refugee Convention. Human rights law has extended States' international protection obligations beyond the Refugee Convention, preventing States from removing individuals who would be at risk of serious harm if returned to their countries of origin. While a number of States have traditionally respected these additional human rights obligations, they have been reluctant to grant beneficiaries a formal legal status analogous to that enjoyed by Convention refugees. This book provides a comprehensive analysis of complementary protection, from its historical development through to its contemporary application. By examining the human rights foundations of the Convention, the architecture of Convention rights, regional examples of complementary protection, and principles of non-discrimination, the book argues that the Convention acts as a type of lex specialis for persons in need of international protection, providing a specialized blueprint for legal status, irrespective of the legal source of the protection obligation. Chapter 1 identifies pre-1951 examples of complementary protection, demonstrating how the content of the status afforded to extended categories of refugees was historically the same as that granted to 'legal' refugees. It traces unsuccessful attempts at the international and European levels to codify a system of complementary protection, prior to the EU's adoption of the Qualification Directive in 2004 and international support for an ExCom Conclusion in 2005. The Qualification Directive, examined in Chapter 2, represents the first supranational codification of complementary protection, but is hampered by a hierarchical conceptualization of protection that grants a lesser status to beneficiaries of 'subsidiary protection' vis-a-vis Convention refugees. Chapters 3 to 5 examine a number of human rights treaties (CAT, ECHR, ICCPR and CRC) to identify provisions which may give rise to a claim for international protection. Finally, Chapter 6 illustrates why all persons protected by the principle of non-refoulement should be entitled to the same legal status as refugees, demonstrating the Refugee Convention's role in providing a rights blueprint for beneficiaries of complementary protection.

This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.