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This book emerged from an extended seminar series held in Edinburgh
Law School which sought to explore the complex constitutional
arrangements of the European legal space as an inter-connected
mosaic. There has been much recent debate concerning the
constitutional future of Europe, focusing almost exclusively upon
the EU in the context of the (failed) Constitutional Treaty of
2003-5 and the subsequent Treatyof Lisbon. The premise of the book
is that this focus, while indispensable, offers only a partial
vision of the complex constitutional terrain of contemporary
Europe. In addition, it is essential to explore other threads of
normative authority within and across states, embracing internal
challenges to state-level constitutional regimes; the growing
jurisprudential assertiveness of the Council of Europe regime
through the ECHR and various democracy-building measures; as well
as Europe's ever thicker relations, both with its border regions
and with broader international institutions, especially those of
the United Nations. Together these developments create increasingly
dense networks of constitutional authority within the European
space. This fluid and multi-dimensional dynamic is difficult to
classify, and indeed may seem in many ways impenetrable, but that
makes the explanatory challenge all the more important and
pressing. Without this fuller picture it becomes impossible to
understand the legal context of Europe today or the prospects of
ongoing changes. The book brings together a range of experts in
law, legal theory and political science from across Europe in order
to address these complex issues and to supply illustrative
case-studies in the topical areas of the constitutionalisation of
European labour law and European criminal law.
In this set of interdisciplinary essays leading scholars discuss
the future of the Rule of Law, a concept whose meaning and import
has become ever more topical and elusive. Historically the term
denoted the idea of 'government limited by law'. It has also come
to be equated, more broadly, with certain goods suggested by the
idea of legality as such, including the preservation of human
dignity and other individual and social benefits predicated upon or
conducive to a rule-based social order. But in both its narrow and
broader senses the Rule of Law remains a much contested concept.
These essays seek to capture the main areas and levels of
controversy by 'relocating' the Rule of Law not just at the
philosophical level, but also in its main contemporary arenas of
application - both national, and increasingly, supranational and
international.
Sovereignty in Transition brings together a group of leading
scholars from law and cognate disciplines to assess contemporary
developments in the framework of ideas and the variety of
institutional forms associated with the concept of sovereignty.
Sovereignty has been described as the main organizing concept of
the international society of states - one which is traditionally
central to the discipline and practice of both constitutional law
and of international law. The volume asks to what extent, and with
what implications, this centrality is challenged by contemporary
developments that shift authority away from the state to new
sub-state, supra-state and non-state forms. A particular focus of
attention is the European Union, and the relationship between the
sovereignty traditions of various member states on the one hand and
the new claims to authority made on behalf of the European Union
itself on the other are examined. The collection also includes
contributions from international law, legal philosophy, legal
history, political theory, political science, international
relations and theology that seek to examine the state of the
sovereignty debate in these disciplines in ways that throw light on
the focal constitutional debate in the European Union.
This book grew out of a symposium held in the University of
Aberdeen in May 2000. It examines the extent to which the European
Union has brought about and should bring about convergence of law
in Europe,in particular, but not exclusively, public law in Europe.
Rather than focusing narrowly on the Intergovernmental Conference
process, the book engages those who wish a detached and, at times,
theoretical examination of the politics of institutional reform in
the EU (Michael Keating and Joanne Scott); of the legal techniques
for accommodating diversity within the Union and the process of
treaty making or constitution building in the EU (Deirdre Curtin,
Ige Dekker, Bruno de Witte and Carole Lyons); the
cross-fertilisation of administrative law concepts between the EU
level and the national level (Chris Himsworth, Ton Heukels and
Jamila Tib); the need for and legitimacy of a European Union
competence on human rights (Grainne de Burca, Paul Beaumont and
Niamh NicShuibhne); and whether private law and public law differ
in the extent to which they go to the heart of (reflect) national
culture and therefore in the extent to which they are amenable to
convergence (Carol Harlow, Pierre Legrand and Neil Walker).
Security has become a defining feature of contemporary public
discourse, permeating the so-called 'war on terror', problems of
everyday crime and disorder, the reconstruction of 'weak' or
'failed' states and the dramatic renaissance of the private
security industry. But what does it mean for individuals to be
secure, and what is the relationship between security and the
practices of the modern state? In this timely and important book,
Ian Loader and Neil Walker outline and defend the view that
security remains a valuable public good. They argue that the state
is indispensable to the task of fostering and sustaining liveable
political communities in the contemporary world and thus pivotal to
the project of civilizing security. This is a major contribution by
two leading scholars in the field and will be of interest to anyone
wishing to deepen their understanding of one the most significant
and pressing issues of our times.
This book discusses advanced statistical methods that can be used
to analyse ecological data. Most environmental collected data are
measured repeatedly over time, or space and this requires the use
of GLMM or GAMM methods. The book starts by revising regression,
additive modelling, GAM and GLM, and then discusses dealing with
spatial or temporal dependencies and nested data.
This collection features essays by leading experts in European
public law on the most significant single initiative in European
integration of the past decade. After introductory essays on the
legal and economic foundations and political context of the
Euro,the book concentrates on the articulation of Monetary Union
with other aspects of the legal and political order of the EU. The
constitutional status of the institutions of Monetary Union is
assessed, as is the relationship between Monetary Union and the
broader administrative structure and social objectives of the EU. A
final essay considers the implications of the Euro for the
cohesiveness of the European legal order in the early years of the
next century. This highly topical book is the first of its kind,
seeking to address in a comprehensive manner the relationship
between the single currency and the European legal order.
Contributors: Paul Beaumont, Neil Walker (eds), Alistair Darling,
John Usher, Andrew Scott, Ian Harden, Paul Craig, Joanne Scott
(Stephen Vousden - co-author), Michelle Everson.
The September 2014 Scottish independence referendum was an event of
profound constitutional and political significance, not only for
Scotland, but for the UK as a whole. Although Scottish voters chose
to remain in the UK, the experience of the referendum and the
subsequent political reaction to the 'No' vote that triggered
significant reforms to the devolution settlement have fundamentally
altered Scotland's position within the Union. The extraordinary
success of the Scottish National Party at the 2015 General Election
also indicates that the territorial dimension to UK constitutional
politics is more prominent than ever, destabilising key assumptions
about the location and exercise of constitutional authority within
the UK. The political and constitutional implications of the
referendum are still unfolding, and it is by no means certain that
the Union will survive. Providing a systematic and academic
analysis of the referendum and its aftermath, this
interdisciplinary edited collection brings together public lawyers,
political scientists, economists, and historians in an effort to
look both backwards to, and forwards from, the referendum. The
chapters evaluate the historical events leading up to the
referendum, the referendum process, and the key issues arising from
the referendum debate. They also explore the implications of the
referendum both for the future governance of Scotland and for the
UK's territorial constitution, drawing on comparative experience in
order to understand how the constitution may evolve, and how the
independence debate may play out in future.
Building on the successful Analysing Ecological Data (2007) by
Zuur, Ieno and Smith, the authors now provide an expanded
introduction to using regression and its extensions in analysing
ecological data. As with the earlier book, real data sets from
postgraduate ecological studies or research projects are used
throughout. The first part of the book is a largely
non-mathematical introduction to linear mixed effects modelling,
GLM and GAM, zero inflated models, GEE, GLMM and GAMM. The second
part provides ten case studies that range from koalas to deep sea
research. These chapters provide an invaluable insight into
analysing complex ecological datasets, including comparisons of
different approaches to the same problem. By matching ecological
questions and data structure to a case study, these chapters
provide an excellent starting point to analysing your own data.
Data and R code from all chapters are available from
www.highstat.com.
Security has become a defining feature of contemporary public
discourse, permeating the so-called 'war on terror', problems of
everyday crime and disorder, the reconstruction of 'weak' or
'failed' states and the dramatic renaissance of the private
security industry. But what does it mean for individuals to be
secure, and what is the relationship between security and the
practices of the modern state? In this timely and important book,
Ian Loader and Neil Walker outline and defend the view that
security remains a valuable public good. They argue that the state
is indispensable to the task of fostering and sustaining liveable
political communities in the contemporary world and thus pivotal to
the project of civilizing security. This is a major contribution by
two leading scholars in the field and will be of interest to anyone
wishing to deepen their understanding of one the most significant
and pressing issues of our times.
The September 2014 Scottish independence referendum was an event of
profound constitutional and political significance, not only for
Scotland, but for the UK as a whole. Although Scottish voters chose
to remain in the UK, the experience of the referendum and the
subsequent political reaction to the 'No' vote that triggered
significant reforms to the devolution settlement have fundamentally
altered Scotland's position within the Union. The extraordinary
success of the Scottish National Party at the 2015 General Election
also indicates that the territorial dimension to UK constitutional
politics is more prominent than ever, destabilising key assumptions
about the location and exercise of constitutional authority within
the UK. The political and constitutional implications of the
referendum are still unfolding, and it is by no means certain that
the Union will survive. Providing a systematic and academic
analysis of the referendum and its aftermath, this
interdisciplinary edited collection brings together public lawyers,
political scientists, economists, and historians in an effort to
look both backwards to, and forwards from, the referendum. The
chapters evaluate the historical events leading up to the
referendum, the referendum process, and the key issues arising from
the referendum debate. They also explore the implications of the
referendum both for the future governance of Scotland and for the
UK's territorial constitution, drawing on comparative experience in
order to understand how the constitution may evolve, and how the
independence debate may play out in future.
Public law has been conceived in many different ways, sometimes
overlapping, often conflicting. However in recent years a common
theme running through the discussions of public law is one of loss.
What function and future can public law have in this rapidly
transforming landscape, where globalized states and supranational
institutions have ever-increasing importance? The contributions to
this volume take stock of the idea, concepts, and values of public
law as it has developed alongside the growth of the modern state,
and assess its continued usefulness as a distinct area of legal
inquiry and normativity in light of various historical trends and
contemporary pressures affecting the global configuration of law in
general. Divided into three parts, the first provides a conceptual,
philosophical, and historical understanding of the nature of public
law, the nature of private law and the relationship between the
public, the private, and the concept of law. The second part
focuses on the domains, values, and functions of public law in
contemporary (state) legal practice, as seen, in part, through its
relationship with private domains, values, and functions. The final
part engages with the new legal scholarship on global
transformation, analysing the changes in public law at the national
level, including the new forms of interpenetration of public and
private in the market state, as well as exploring the ubiquitous
use of public law values and concepts beyond the state.
This collection brings together leading specialists in the areas of
European Union law which are now organized under the Area of
Freedom, Security and Justice (AFSJ). The concept of the AFSJ was
introduced into the EU Treaty framework by the Treaty of Amsterdam
in 1997, and it incorporates migration law, family reunion law,
asylum law, police cooperation, and cooperation in criminal law.
Each of these areas of law is the subject of an in-depth
examination in a separate chapter of this book. The early years of
the AFSJ, building upon a substantial body of law already in place
under the Treaty of Maastricht and various intergovernmental
arrangements, have witnessed a rapid expansion in legislative and
executive activity in the field of European internal security. In
migration law, family reunion law, asylum law, police co-operation,
and co-operation in criminal law, the scale and intensity of action
at the supranational level is already such as to overturn
longstanding assumptions about the priority of national law in
matters of migration control and criminal justice. An introductory
chapter examines the various policy strands covered by the AFSJ;
investigates what, if anything, can be viewed as its distinctive
legal underpinning; and discusses its possible future development
in the light of current discussions over the adoption of a first
documentary Constitution for the European Union. In addition to
setting out the main contours of legal policy, each chapter
examines the continuing tension between national sovereignty on the
one hand and a growing commitment to collective, EU-wide action on
the other. The volume also addresses the wider constitutional
implications of a growing supranational capacity in questions of
the priority of political values in the evolving EU; fundamental
rights protection; the control of new forms of executive and
administrative discretion; and the pressures of accommodating the
ten new Enlargement states within the internal security field.
A strain of law reaching beyond any bounded international or
transnational remit to assert a global jurisdiction has recently
acquired a new prominence. Intimations of Global Law detects this
strain in structures of international law claiming a planetary
scope independent of state consent, in new threads of global
constitutional law, administrative law and human rights, and in
revived notions of ius gentium and the global rule of law. It is
also visible in the legal pursuit of functionally differentiated
global public goods, general conflict rules, norms of 'legal
pluralism' and new legal hybrids such as the global law of peace
and humanity law. The coming of global law affects how law
manifests itself in a global age and alters the shape of our
legal-ethical horizons. Global law presents a diverse, unsettled
and sometimes conflicted legal category, and one which challenges
our very understanding of the rudiments of legal authority.
Sovereignty in premodern times evoked the dynastic figure of the
'sovereign' or territorial monarch. In modern times, it became a
more abstract idea, referring to the power of the state, later of
the people or 'the popular sovereign' as articulated and refined
through constitutional arrangements. Today these inherited
understandings of sovereignty confront various new challenges,
including those of globalization, privatization of power, and the
rise of sub-state nationalism. An examination of key historical
writers and trends from the seventeenth century onwards, including
Hobbes, Bodin, Constant, Rousseau and Schmitt, brings out these
developments and challenges. Sovereignty remains a malleable and
'active' feature of the global configuration of power. Will
sovereignty become a redundant concept over time, or will it remain
a key part of the grammar of modern politics?
Public law has been conceived in many different ways, sometimes
overlapping, often conflicting. However in recent years a common
theme running through the discussions of public law is one of loss.
What function and future can public law have in this rapidly
transforming landscape, where globalized states and supranational
institutions have ever-increasing importance? The contributions to
this volume take stock of the idea, concepts, and values of public
law as it has developed alongside the growth of the modern state,
and assess its continued usefulness as a distinct area of legal
inquiry and normativity in light of various historical trends and
contemporary pressures affecting the global configuration of law in
general. Divided into three parts, the first provides a conceptual,
philosophical, and historical understanding of the nature of public
law, the nature of private law and the relationship between the
public, the private, and the concept of law. The second part
focuses on the domains, values, and functions of public law in
contemporary (state) legal practice, as seen, in part, through its
relationship with private domains, values, and functions. The final
part engages with the new legal scholarship on global
transformation, analysing the changes in public law at the national
level, including the new forms of interpenetration of public and
private in the market state, as well as exploring the ubiquitous
use of public law values and concepts beyond the state.
The book sets out to examine some of the key features of what we
describe as the paradox of constitutionalism: whether those who
have the authority to make a constitution - the 'constituent power'
- can do so without effectively surrendering that authority to the
institutional sites of power 'constituted' by the constitutional
form they enact. In particular, is the constituent power exhausted
in the single constitutive act or does it retain a presence, acting
as critical check on the constitutional operating system and/or an
alternative source of authority to be invoked in moments of crisis?
These questions have been debated both in different national
contexts and at the level of constitutional theory, and these
debates are acknowledged and developed in the first two sections of
the book.
Part I includes chapters on how the question of constituent power
has been treated in the constitutional histories of USA, France, UK
and Germany, while Part II examines at the question of constituent
power from the perspective of both liberal and non-liberal theories
of the state and legal order. The essays in Part III consider the
operation of constitutionalism with respect to a series of
contemporary challenges to the state, including those from popular
movements below the level of the state and challenges from the
supranational and international levels, and they analyze how the
puzzles associated with the question of constituent power are
played out in these increasingly important settings.
This volume explores the main areas of legal development under the
so-called 'Area of Freedom, Security, and Justice (AFSJ) 'which was
introduced into European law under the Treaty of Amsterdam of 1997.
It examines the main subject-matter of the new AFSJ: migration,
family reunion, asylum, police co-operation, and co-operation in
matters of criminal law and criminal procedure, and includes
discussion of the future of the AFSJ against the background of the
current drafting of a first Constitution for the European
Union.
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Policing the European Union (Hardcover)
Malcolm Anderson, Monica den Boer, Peter Cullen, William C. Gilmore, Charles D. Raab, …
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R3,984
R3,554
Discovery Miles 35 540
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International co-operation in criminal law enforcement has become a
centrally important policy issue for Europe in the 1990s. In
criminal matters, when a decision is taken to go beyond the
discretionary exchange of information towards institutionalized
police co-operation, a whole Pandora's box of issues and problems
is opened. This book, based on interviews in a wide variety of
documentary sources, examines the progress of this co-operation.
The authors cover all the major and theoretical issues associated
with the emerging pattern of co-operation, including the
harmonization of criminal law and criminal procedure, law
enforcement strategies, police organization and discipline, and the
politics of immigration and civil liberties. In a European Union
without internal border controls there is widespread agreement on
the objective of closer police co-operation. But prospects in some
areas are not good and there are potential pitfalls, even dangers,
along the road to more integrated arrangements. The authors
conclude by making recommendations that proper accountability
arrangements are a prerequisite of a balanced and efficient system
of European police co-operation.
Sovereignty in Transition brings together a group of leading
scholars from law and cognate disciplines to assess contemporary
developments in the framework of ideas and the variety of
institutional forms associated with the concept of sovereignty.
Sovereignty has been described as the main organising concept of
the international society of states - one which is traditionally
central to the discipline and practice of both constitutional law
and of international law. The volume asks to what extent,and with
what implications, this centrality is challenged by contemporary
developments that shift authority away from the state to new
sub-state, supra-state and non-state forms. A particular focus of
attention is the European Union, and the relationship between the
sovereignty traditions of various member states on the one hand and
the new claims to authority made on behalf of the European Union
itself on the other are examined. The collection also includes
contributions from international law, legal philosophy, legal
history, political theory, political science, international
relations and theology that seek to examine the state of the
sovereignty debate in these disciplines in ways that throw light on
the focal constitutional debate in the European Union.
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