This comparative analysis considers the differing approaches to
important areas of law in England, France and Germany. In
particular, constitutions, sources of law, rights against the state
to prevent abuse of power, and rights of private individuals and
organisations against each other in tort and contract are examined
and compared, and the system of courts is also considered.
Updated and revised, each sub-topic is introduced with the
relevant material in the English system, allowing easy comparison
and assimilation of the other systems. The text includes
translations of relevant French and German codal material, and
references to relevant cases from all of the jurisdictions. This
new edition includes constitutional changes in France and the
United Kingdom, in particular the new procedure for challenging
existing legislation before the Conseil constitutionnel. It
examines the consequences of the Lisbon Treaty, as well as other
recent codal and legislative changes. Comprehensive and topical,
the text explores a wide variety of new case law on issues such as:
preventive detention; the use of evidence obtained by torture; the
balance between suppression of terrorism and personal freedom; the
internet; email monitoring; artificial reproductive techniques; use
of global positioning systems (GPSs), deoxyribonucleic acid (DNA)
and closed-circuit television (CCTV); the wearing of religious
clothing (such as the headscarf) and symbols (such as the cross);
circumcision; methods of crowd control; the prevention of human
trafficking; the preservation of privacy, especially for
celebrities; and the legality of pre-nuptial agreements and success
fees for lawyers.
Designed for students on comparative law courses, this textbook
will also prove valuable to students who are familiar with English
law, but require a readily comprehensible introduction to French or
German law.
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