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This is the third book in the 'Ius Commune Casebooks for the Common
Law of Europe' series,developed for use throughout Europe and aimed
at those who teach, learn or practice law with a comparative or
European perspective. The book contains excerpts from legal
commentaries, leading cases and legislation from the main legal
traditions within Europe (English, French and German law), as well
as the Netherlands, but also relying on the contribution of mixed
legal systems such as those of Scotland and South Africa.
Unjustified Enrichment concerns the law of restitution and contains
a wide selection of extracts from the basic texts and commentaries.
The materials are chosen and ordered so as to foster comparative
study, prefaced by comparative introductions and complemented with
annotations prepared by a multinational team. The whole Casebook is
in English.
The Labour Government's proposals for reform of the UK's internal
constitutional arrangements promise the most wide-ranging and
substantial overhaul of the constitution this century. Their
plans,which include devolution for Scotland and Wales,
incorporation of the ECHR, a Freedom of Information Bill and reform
of both houses of Parliament are already far progressed, but
critical choices have still to be made. Against this background,
and in view of these historical events, the Directors of the Centre
for Public Law at the University of Cambridge recently organised a
major conference to discuss the legal and practical implications of
the proposed reforms. Speakers at the conference included leading
academics, barristers, solicitors, judges and politicians. The
results, which are reproduced in this volume of conference
proceedings, will be essential reading for all those interested in
constitutional reform and in British political history.
Prompted by the events following the 2016 referendum on EU
membership and written during the COVID-19 pandemic by one of the
leading public lawyers of our day, this book considers two key
constitutional principles, the rule of law and separation of
powers, by examining the generality, certainty and predictability
of law, relations between the different branches of the state, and
the mechanisms of accountability within our democracy. Since the
referendum and in the light of the restrictions imposed to deal
with the pandemic, and the use of guidelines presented as rules to
do so, attention has refocused on the relationship and respective
powers and competences of the three branches of the state, the
legislature, the executive, and the judiciary. They have also
placed strains on our unwritten constitution that have been unknown
in modern times. The role of the courts and of the rule of law, has
been dramatically illustrated by recent litigation, most notably
the decisions on whether legislation was needed to serve notice of
the UK's intention to leave the EU and whether the prorogation of
the Westminster Parliament in 2019 was a matter for the courts as
opposed to a political question for government. Set against this
backdrop, the book answers the following questions: - How
accessible is the law and how does it avoid arbitrariness? - How is
access to justice protected? - How does our constitution reflect
the separation of powers and the balance of responsibilities
between law and politics? - How does our democracy enable
majorities and protect minorities?
Anson's Law of Contract offers exceptional detail, precision and
clarity on contract law. It is a classic text in the field
providing a stimulating account of the law. With comprehensive
coverage of all topics covered on contract law courses, this
definitive work is essential reading for anyone interested in the
law of contract, whether as a student, practitioner or academic.
Digital formats This edition is available for students and
institutions to purchase in a variety of formats. The e-book offers
a mobile experience and convenient access along with functionality
tools, navigation features, and links that offer extra learning
support: www.oxfordtextbooks.co.uk/ebooks
The UK's new Human Rights Act with its duty to give domestic effect
to the European Convention on Human Rights and the jurisprudence of
the Strasbourg court will have a significant effect on many aspects
of the criminal and regulatory process. The papers in this
volume,arising from the second Cambridge Centre for Public Law
conference consider the Act's impact on investigation and
surveillance, on evidence, procedure and the substantive law
applied at trials and hearings, and at the post-trial stage e.g.
sentencing and post-report action in respect of DTI Inspection.
Contributions from many of the country's leading criminal and
regulatory lawyers (both academic and practising) make this volume
an important and original source for all criminal lawyers.
This collection of essays arises from two symposia held by the
University of Cambridge's Centre for Public Law and Centre for
European Legal Studies in the winter and spring of 1997. It
presents an analysis of a cluster of issues arising in the EU
public law arena but naturally falls into two interrelated but
distinct parts. The first part deals with issues of liability in
public law and the availability of remedies in EC and domestic law.
The second part deals with EU public law on a broader canvas,by
examining the phenomenon of cross-fertilization among national
legal systems in Europe and between national systems and EU law.
The book also examines the judgment of the Divisional Court of 31
July 1997 in R v. Secretary of State for Transport ex parte
Factortame Ltd and the post-Francovich judgments in Palmisani, Maso
and Bonifaci delivered by the Court of Justice on 10 July 1997.
Contributors: John Allison, Jack Beatson, John Bell, Paul Craig,
Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith,
Luisa Torchia, Takis Tridimas, Walter van Gerven.
This volume deals with vital issues on freedom of expression and freedom of information and emphasizes the importance of the free exchange and dissemination of ideas and of open, and therefore more accountable, government. It notes the ways in which these freedoms have received recent legislative attention in the Human Rights Act 1998, the Public Interest Disclosure Act 1998 and the Freedom of Information Bill.
This collection of essays brings together the work of many of the world's leading Contract Law scholars. It focuses upon a common central theme---the question of good faith and fair dealing in the Law of Contract. The book is divided into several parts: the first part is an Introduction; Part II examines the requirement of good faith and its role in the formation of contracts; Part III is concerned with contractual obligations; Part IV examines Breach of Contract and Remedial Issues. The work will be of widespread interest to scholars of Private Law in both Common and Civil Law jurisdictions.
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