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The place of human rights in EU law has been a central issue in
contemporary debates about the character of the European Union as a
political organisation. This Research Handbook explores the
principles underlying fundamental rights norms and the way such
norms operate in the case law of the Court of Justice. Leading
scholars in the field discuss both the effect of rights on
substantive areas of EU law and the role of EU institutions in
protecting them. Organised into three parts, their contributions
examine the current state of the law as well as the direction of
future developments in the field. The first part discusses the
normative and doctrinal framework for the protection of human
rights in the EU. The second part focuses on EU external relations
and on the interaction between EU law and other sources of human
rights rules such as the European Convention on Human Rights and
international law. Finally, the third part considers the influence
of human rights in areas where the EU takes action. Timely and
astute, this Research Handbook will appeal to students and scholars
of European law and human rights law. It will also prove a valuable
and comprehensive resource for practitioners, policymakers, NGO and
government officials. Contributors include: M. Bobek, S. Bogojevic,
M. Cartabia, S.A. de Vries, S. Douglas-Scott, A. Egan, M. Fichera,
J. Fraczyk, X. Groussot, E. Guild, N. Hatzis, L. Khadar, T. Lock,
S. Ninatti, A. O'Neill, L. Pech, S. Peers, N.N. Shuibhne, S.
Smismans, V. Smith, K. Tuori, A.H. Turk, A. Ward, S. Weatherill, L.
Woods, A.L. Young, K.S. Ziegler
The place of human rights in EU law has been a central issue in
contemporary debates about the character of the European Union as a
political organisation. This Research Handbook explores the
principles underlying fundamental rights norms and the way such
norms operate in the case law of the Court of Justice. Leading
scholars in the field discuss both the effect of rights on
substantive areas of EU law and the role of EU institutions in
protecting them. Organised into three parts, their contributions
examine the current state of the law as well as the direction of
future developments in the field. The first part discusses the
normative and doctrinal framework for the protection of human
rights in the EU. The second part focuses on EU external relations
and on the interaction between EU law and other sources of human
rights rules such as the European Convention on Human Rights and
international law. Finally, the third part considers the influence
of human rights in areas where the EU takes action. Timely and
astute, this Research Handbook will appeal to students and scholars
of European law and human rights law. It will also prove a valuable
and comprehensive resource for practitioners, policymakers, NGO and
government officials. Contributors include: M. Bobek, S. Bogojevic,
M. Cartabia, S.A. de Vries, S. Douglas-Scott, A. Egan, M. Fichera,
J. Fraczyk, X. Groussot, E. Guild, N. Hatzis, L. Khadar, T. Lock,
S. Ninatti, A. O'Neill, L. Pech, S. Peers, N.N. Shuibhne, S.
Smismans, V. Smith, K. Tuori, A.H. Turk, A. Ward, S. Weatherill, L.
Woods, A.L. Young, K.S. Ziegler
This book provides a critical analysis of Brexit, placing it in the
broader context of the historical development of the British
Constitution and earlier disputes as to the meaning of statehood,
sovereignty, and territorial boundaries. Some of the greatest
challenges posed by the UK's withdrawal from the EU are those it
places on the British Constitution, which is already 'unsettled'
and under strain. This book investigates this impact, but also
uniquely locates Brexit in the broader context of historically
significant British 'acts of union or disunion' – such as the
loss of former US colonies and British Empire, and the place of
Scotland and Ireland in the Union. These precedents help us
understand how a British constitutional identity has been shaped or
dismantled by legal concepts of union or sovereignty.
This collection of essays explore the long-standing,intricate
relationship between law and faith. Faith in this context is to be
read in the broadest sense, as extending beyond religion to embrace
the knowledge, beliefs, understandings and practices which are at
work alongside the familiar and seemingly more reliable, trusted
and relatively certain content and conventionally accepted methods
of law and legal reasoning. The essays deal with three broad
themes. The first concerns the extent to which faith should be
involved in legal decision making. Ought decisions to aspire simply
to right reason or ought faith-based models of decision-making to
be incorporated into the legal system? If the latter, how is this
best done? Ought faith to operate simply as a reason itself or
ought it to help to structure the method by which legal decisions
are reached? The second, and perhaps most familiar theme, stemming
in part from rights discourse, is the extent to which law does, and
ought to, respect the rights of those whose religious beliefs
conflict with the dominant social norms and practices. Liberal
democratic constitutions typically provide protection for religion
and religious beliefs. Are these justified, and if so how? Can such
protection as exists suffice from the perspective of the faithful,
or does law's otherwise pervasive agnosticism make this impossible
or illusory? Thirdly, questions of identity and difference arise.
Assuming that most societies remain a mix of many faiths (religious
and secular) and no faith, how should law and legal theory
understand the varying and, it must be said, conflicting claims for
recognition. Should we encourage conformity in the hope of reducing
friction, or should we preserve and promote difference, seeking to
understand others, whether groups or individuals, without removing
that which makes them distinct? More radically and controversially,
should we be more sceptical of individual and group claims to
authenticity and see them rather as strategies in an ongoing power
game? Faith after all, like reason and law, has never been far from
politics and intrigue, especially in its institutional
representation. Contributors: Zenon Bankowski, Anthony Bradney,
Claire Davis, John Gardner, Adam Gearey, Tim Macklem, Maleiha
Malik, Victor Tadros.
This book provides a critical analysis of Brexit, placing it in the
broader context of the historical development of the British
Constitution and earlier disputes as to the meaning of statehood,
sovereignty, and territorial boundaries. Some of the greatest
challenges posed by the UK's withdrawal from the EU are those it
places on the British Constitution, which is already 'unsettled'
and under strain. This book investigates this impact, but also
uniquely locates Brexit in the broader context of historically
significant British 'acts of union or disunion' – such as the
loss of former US colonies and British Empire, and the place of
Scotland and Ireland in the Union. These precedents help us
understand how a British constitutional identity has been shaped or
dismantled by legal concepts of union or sovereignty.
How can we characterise law and legal theory in the twenty-first
century? Law After Modernity argues that we live in an age 'after
Modernity' and that legal theory must take account of this fact.
The book presents a dynamic analysis of law, which focusses on the
richness and pluralism of law, on its historical embeddedness, its
cultural contingencies, as well as acknowledging contemporary law's
global and transnational dimensions. However, Law After Modernity
also warns that the complexity, fragmentation, pluralism and
globalisation of contemporary law may all too easily perpetuate
injustice. In this respect, the book departs from many postmodern
and pluralist accounts of law. Indeed, it asserts that the quest
for justice becomes a crucial issue for law in the era of legal
pluralism, and it investigates how it may be achieved. The approach
is fresh, contextual and interdisciplinary, and, unusually for a
legal theory work, is illustrated throughout with works of art and
visual representations, which serve to re-enforce the messages of
the book.
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