Regulating risks in modern societies increasingly involves governments guiding and co-opting corporate risk management systems. This book examines the feasibility of this with reference to occupational health and safety on Britain's railways. It raises important questions about how workplace risks are managed and what influence the law can have in this. These issues are especially significant in the wake of major rail disasters and in the face of the increasing popularity of risk-based approaches to corporate governance.

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.

Public law is an increasingly codified area, arguably more so in Scotland than the rest of the UK. This volume contains a wide-ranging selection of materials on constitutional and administrative law, human rights and civil liberties, making it essential for public law students on the Scottish LLB Law degree. New material for this edition includes the Early Parliamentary Elections Act 2019, the Contingencies Fund Act 2020 and the Coronavirus (Scotland) Act 2020. With no commentary or analysis included, this book is suitable for being taken into exams.

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 Mental Capacity Act 2005 provides a statutory framework for acting and making decisions on behalf of individuals who lack the mental capacity to do so for themselves. It introduced a number of laws to protect these individuals and ensure that they are given every chance to make decisions for themselves. The Act has recently been supplemented with new provisions pertaining to those who need to be accommodated under care and treatment regimes that may have the effect of depriving them of their liberty, but who lack the capacity to consent. This Code of Practice provides guidance and information for professionals implementing the deprivation of liberty safeguards legislation on a daily basis. In some cases, this will be paid staff, in others, those who have been appointed by law to represent individuals who lack capacity to make decisions for themselves (such as deputies or donees of a Lasting Power of Attorney).The Code incorporates good practice and demonstrates how the principles of the Act can be applied to those who have been deprived of their liberty for their own safety, or for the safety of others.

This book is a research guide and bibliography of Parliamentary material, including the Old Scottish Parliament and the Old Irish Parliament, relating to patents and inventions from the early seventeenth century to 1976. It chronicles the entire history of a purely British patent law before the coming into force of the European Patent Convention under the Patents Act 1977. It provides a comprehensive record of every Act, Bill, Parliamentary paper, report, petition and recorded debate or Parliamentary question on patent law during the period. The work will be an essential resource for scholars and researchers in intellectual property law, the history of technology, and legal and economic history.

This book is a study of the character and compilation of Justinian's Digest, the main volume of Justinian's Corpus Iuris Civilis (528-534 AD). This is often considered as one of the most influential works in the history of Western culture. It remains significant, partly because it is still a part of the law in six countries in Southern Africa, and partly because of its role in the evolution over fifteen hundred years of the theory and practice of human rights - a theme explored in Professor Honore's previous book studying Ulpian (2nd ed, OUP 2002).
The book gives a detailed account of the probable methods used in the compilation of the Digest and distinguishes the respective roles of imperial ministers, law professors, and advocates. It also examines the broader issues raised by the Digest's creation - how it was conceived by its compilers, its purpose, and its impact.

This fully revised and updated new edition offers a detailed exposition of EC Directives, individual rights, and the protection of those rights in national courts. Three central themes are investigated: the characteristics of EC Directives; the role played by national courts in protecting the rights which individuals derive from Directives; and the 'devices' and means by which the courts may implement this protection. Focussing initially upon clear examples from the ECJ case law, the author then moves on to discuss specific 'lines' within that case law, and to examine how these 'lines' complement or contradict each other. Throughout the text, the author's empirical argument is enriched by discussion of doctrine and theory. Less orthodox ideas are also incorporated through selective use of a comparative approach which illuminates the workings of EC directives from the broader perspective of the EC as a whole. In an updated conclusion, the prospects of Directives in the future and in the light of the nascent European Constitution are discussed. The result is an extensive and in-depth analysis of Directives, the case-law of the ECJ, and legal writing on the topic, which also engages with the more practical issues of implementation and enforcement in the courts.

In Neoliberal Parliamentarism, Tom McDowell provides an alternative approach to understanding the decline of parliament at the Ontario legislature, an approach that highlights the politics of neoliberalism and the significant impact it has had over the last four decades. Throughout, McDowell offers a structural critique of parliament, claiming that restrictions on the legislature cannot be separated from the ascendance of neoliberalism as the dominant social and policy paradigm in the province. Tracking the evolution of procedure at the Ontario Legislature from 1981 to 2021, McDowell shows that, beginning in the early 1980s, the establishment of increasingly restrictive procedural rules was critical to securing the passage of controversial neoliberal restructuring policies. Further, he argues that the decades-long shift towards de-democratization and the concentration of political power in the executive ought to be understood in the context of neoliberalism's rejection of parliamentary sovereignty and legal positivism. As an in-depth study of the implementation of neoliberalism policy on the political apparatus of Ontario, Neoliberal Parliamentarism is critical reading for scholars and students interested in the relationship between neoliberalism and de-democratization, the politics of Ontario, and parliamentary procedure more broadly.

The Estates Gazette Law Reports are an indispensable reference for property law practitioners researching and advising on all aspects of landlord and tenant law, valuation, professional negligence, conveyancing, real property, leasehold enfranchisement and compensation. They comprise the law reports published in the Estates Gazette plus new and original cases published for the first time in EGLR. Each volume includes the most significant property cases determined in any given year. Published over three volumes each year and edited by HH Judge Hazel Marshall QC, they conveniently summarize key current property cases. Volume 3 contains the fully updated index from 2005-2013.

Transcripts of 13c plea rolls, vital legal, social and economic detail of the time, presented with index and critical introduction. This volume prints the full Latin text of the six large and well-preserved rolls of the Common Bench of Henry III for its sittings at Westminster in Michaelmas term 1249 and Hilary and Easter terms 1250. These were the first sittings of the court after the eyre circuits held between 1247 and 1249. Three of the rolls were made for the great justice Roger of Thirkleby. Also included are the cases found in the recently-identified fragments of the single surviving roll created in the Court Coram Rege, or King's Bench, during that period, for Michaelmas term 1249. The introduction records the composition of the two courts and the movements of the king and the justices during the periodcovered by the rolls. The entries themselves include the usual fascinating information about people and places, and deal with a wide variety of subjects.

A central concern about the robustness of democratic rule in new democracies is the concentration of power in the executive branch and the potential this creates for abuse. This concern is felt particularly with regard to the concentration of legislative power. Checking Presidential Power explains the levels of reliance on executive decrees in a comparative perspective. Building on the idea of institutional commitment, which affects the enforcement of decision-making rules, Palanza describes the degree to which countries rely on executive decree authority as more reliance may lead to unbalanced presidential systems and will ultimately affect democratic quality. Breaking new ground by both theorizing and empirically analyzing decree authority from a comparative perspective, this book examines policy making in separation of powers systems. It explains the choice between decrees and statutes, and why legislators are sometimes profoundly engaged in the legislative process and yet other times entirely withdrawn from it.

The Estates Gazette Law Reports are an indispensable reference for property law practitioners researching and advising on all aspects of landlord and tenant law, valuation, professional negligence, conveyancing, real property, leasehold enfranchisement and compensation. They comprise the law reports published in the Estates Gazette plus new and original cases published for the first time in EGLR. Each volume includes the most significant property cases determined in any given year. Published over three volumes each year and edited by HH Judge Hazel Marshall QC, they conveniently summarize key current property cases.

The Estates Gazette Law Reports are an indispensable reference for property law practitioners researching and advising on all aspects of landlord and tenant law, valuation, professional negligence, conveyancing, real property, leasehold enfranchisement and compensation. They comprise the law reports published in the Estates Gazette plus new and original cases published for the first time in EGLR. Each volume includes the most significant property cases determined in any given year. Published over three volumes each year and edited by HH Judge Hazel Marshall QC, they conveniently summarize key current property cases. Volume 3 contains the fully updated index from 2005-2012.

The Estates Gazette Law Reports are an indispensable reference for property law practitioners researching and advising on all aspects of landlord and tenant law, valuation, professional negligence, conveyancing, real property, leasehold enfranchisement and compensation. They comprise the law reports published in the Estates Gazette plus new and original cases published for the first time in EGLR. Each volume includes the most significant property cases determined in any given year. Published over three volumes each year and edited by HH Judge Hazel Marshall QC, they conveniently summarize key current property cases.

'Focused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK 'The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: * Exam Friendly: un-annotated and conforming to exam regulations * Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation * Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research * Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price * Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

'Focused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK 'The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: * Exam Friendly: un-annotated and conforming to exam regulations * Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation * Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research * Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price * Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

'Focused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK 'The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: * Exam Friendly: un-annotated and conforming to exam regulations * Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation * Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research * Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price * Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

This book includes guiding cases of the Supreme People's Court, cases deliberated on by the Judicial Committee of the Supreme People's Court and cases discussed at the Joint Meeting of Presiding Judges from various tribunals. This book is divided into three sections, including "Cases by Justices", "Cases at Judicial Committee" and "Typical Cases", which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear and accurate manner. This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People's Court, and to achieve the goal of "serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities , serving the rule of law in China", the China Institute of Applied Jurisprudence, with the approval of the Supreme People's Court, opts to publish "Selected Cases from the Supreme People's Court of the People's Republic of China" in both Chinese and English, for domestic and overseas distribution.

Murder in the Tower consists of fifteen chapters, each giving an account of a different 17th-century criminal trial. Each case is based on information taken from a collected volume of state trials originally published in the early 18th century. The cases are chosen for their national political importance, or for the light they can shed on wider social issues.

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.

The Palgrave Core Statutes series is designed to meet the needs of today's law students. Compiled by experienced lecturers, each title contains the essential materials needed at LLB level (and, where applicable, on GDL/CPE courses) and is easy to use under exam conditions and in the lecture hall.

The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.

We, the King challenges the dominant top-down interpretation of the Spanish Empire and its monarchs' decrees in the New World, revealing how ordinary subjects had much more say in government and law-making than previously acknowledged. During the viceregal period spanning the post-1492 conquest until 1598, the King signed more than 110,000 pages of decrees concerning state policies, minutiae, and everything in between. Through careful analysis of these decrees, Adrian Masters illustrates how law-making was aided and abetted by subjects from various backgrounds, including powerful court women, indigenous commoners, Afro-descendant raftsmen, secret saboteurs, pirates, sovereign Chiriguano Indians, and secretaries' wives. Subjects' innumerable petitions and labor prompted - and even phrased - a complex body of legislation and legal categories demonstrating the degree to which this empire was created from the "bottom up". Innovative and unique, We, the King reimagines our understandings of kingship, imperial rule, colonialism, and the origins of racial categories.

Since the 1950s, European integration has included ever more countries with ever-softening borders between them. In its apparent reversal of integration and its recreation of borders, Brexit intensifies deep-seated tensions, both institutional and territorial, within and between the constitutional orders of the United Kingdom and Ireland. In this book, leading scholars from the UK and Ireland assess the pressures exerted by Brexit, from legal, historical, and political perspectives. This book explores the territorial pressures within the UK constitution, connecting them to the status of Northern Ireland before exploring how analogous territorial pressures might be addressed in a united Ireland. The book also critically analyses the Brexit process within the UK, drawing on Irish comparative examples, to assess unresolved tensions between popular mandate, legislative democracy, and executive responsibility. Through practical application, this book explores how constitutions function under the most intense political pressures.