The global financial and economic crisis which started in 2008 has had devastating effects around the globe. It has caused a rethinking in different areas of law, and posed new challenges to regulators and private actors alike. One of the emerging issues is the apparent eclipse of boundaries between different legal disciplines: financial and corporate lawyers have to learn how public law instruments can complement their traditional governance tools; conversely, public lawyers have had to come to understand the specificities of the financial markets they intend to regulate. While commentary on financial regulation and the global financial crisis abounds, it tends to remain within disciplinary boundaries. This volume not only brings together scholarship from different areas of law (constitutional and administrative law, EU law, financial law and regulation), but also from a variety of backgrounds (the academy, practice, policy-making) and a number of different jurisdictions. The volume illustrates how interdisciplinary scholarship belongs at the centre of any discussion of the economic crisis, and indeed regulation theory more generally. This is a timely exploration of cutting-edge issues of financial regulation.

The Max Planck Handbooks in European Public Law describe and analyze public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, the series aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series began this enterprise with an appraisal of the evolution of the state and its administration, offering both cross-cutting contributions and specific country reports. This second volume continues this approach with an in-depth appraisal of the foundations of the constitutional order in various and diverse European countries. Fourteen country reports investigate the antecedents, foundations, organization, basic principles, and challenges to European constitutions. They include countries with long-lasting and recently amended constitutions, decentralized or unitary, with different political systems and institutional settings. In keeping with the focus on a diverse but unified legal space, each report also details how the constitutional identity of each country has been elaborated and what it entails. Together, the chapters of this volume provide a strong and diverse foundation for a continuing European constitutional dialogue.

While the legal systems of the UK and Germany differ in essential respects, the current process of 'constitutionalization' is well recognized on both sides of the English Channel. 'Constitutionalization' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and this book provides a comparative UK-German perspective on recent developments. First, the book addresses human rights questions which arise in both jurisdictions in a similar way, such as the tension between liberty and security, absolute rights, such as human dignity and the prohibition of torture, and the question how conflicts between human rights are to be resolved and conceptualized. A second theme considers the impact of human rights on different areas of domestic law, in particular administrative law, criminal law, labor law, and private law generally. Finally, a third theme focuses on the intersection of national, supra-national, and international human rights law, in particular after the entry into force of the EU Charter on Fundamental Rights. The book thus reveals convergent and divergent answers to similar problems, examines differences in impact of human rights on the legal systems under consideration, and traces parallel and distinct debates over human rights, as well as sensitivities that arise in multi-layer situations in the UK and Germany. (Series: Studies of the Oxford Institute of European and Comparative Law - Vol. 17)

The global financial and economic crisis which started in 2008 has had devastating effects around the globe. It has caused a rethinking in different areas of law, and posed new challenges to regulators and private actors alike. One of the emerging issues is the apparent eclipse of boundaries between different legal disciplines: financial and corporate lawyers have to learn how public law instruments can complement their traditional governance tools; conversely, public lawyers have had to come to understand the specificities of the financial markets they intend to regulate. While commentary on financial regulation and the global financial crisis abounds, it tends to remain within disciplinary boundaries. This volume not only brings together scholarship from different areas of law (constitutional and administrative law, EU law, financial law and regulation), but also from a variety of backgrounds (academia, practice, policy-making) and a number of different jurisdictions.The volume illustrates how interdisciplinary scholarship belongs at the centre of any discussion of the economic crisis, and indeed regulation theory more generally. This is a timely exploration of cutting-edge issues of financial regulation. '...a very welcome addition to the limited European legal literature on the global financial crisis...it constitutes an important contribution in the field and it is certainly to be applauded for paving the way for further cross-disciplinary discussion amongst lawyers'. Mihalis Dekastros, European Journal of Legal Studies, 2014, Vol 7 '...Ringe and Huber's book provides important, if not indispensable elements for a coherent theory and doctrine of the law within the financial crisis'. Matthias Ruffert, Common Market Law, 2015, Vol 52 (1) '[T]his book is interesting for anyone working in a dynamic area of law. Academics will want to go through it in its entirety...' Dimitrios Kyriazis, Law Quarterly Review, 2015, Vol 131