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Catalogue complet

Administrative Tribunals in the Common
Law World

Administrative Tribunals in the Common Law World

Proposes a regulatory system for ensuring that AI makes fair decisions, based on a detailed analysis of human approaches to decision fairness and how far AI developers can match them.

Law, Regulation, and Technology

AI Fairness and Beyond

This book is an insightful, thought-provoking study of one of the world's most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. 

This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

This book is an insightful, thought-provoking study of one of the world’s most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

The European Court of Justice and its Critics

This formative period of EU law witnessed an intense struggle over the emergence of a constitutional practice. While the supranational institutions, including the European Commission, the European Court of Justice and the European Parliament, as well as EU law academics helped to develop and promote the constitutional practice, member state governments and judiciaries were generally reluctant to embrace it. The struggle resulted in an uneasy stalemate in which the constitutional practice was allowed to influence the doctrines, shape and functioning of the European legal order that now underpins the EU, but a majority of member state governments&nbsp;rejected European constitutionalism as the legitimating principle of the new EU formed on basis of the Treaty of Maastricht (1992).&nbsp;The struggle and eventual stalemate over the&nbsp;constitutional practice traced in this&nbsp;book accounts for the fragile and&nbsp;partial system of rule of law that exists in the EU today.

Constitutional Practice, 1950 to 1993

The History of European Union Law

Modern Studies in European Law

Wider Europe and the Extended EU’s Legal Space

EU Neighbourhood Law

Code of Federal Regulations, Title 50 Wildlife and Fisheries

Code of Federal Regulations, Title 50 Wildlife and Fisheries 17.95(b), Revised as of October 1, 2023

Hart Studies in Comparative Public Law

This book represents a unique contribution to comparative legal studies by presenting the results of an empirical research project on the use of foreign precedents in constitutional interpretation in 31 jurisdictions worldwide. It expands and updates the outcomes presented in the previous successful book The Use of Foreign Precedents by Constitutional Judges, edited by Tania Groppi and Marie-Claire Ponthoreau and published in 2013 as Volume 1 of the series Hart Studies in Comparative Public Law. This new research, covering countries from all the continents, with special attention to some of the emerging jurisdictions of the Global South, confirms that the practice of making explicit use of foreign precedents is still limited both quantitatively and qualitatively. Judicial dialogue only exists in common law jurisdictions and, even there, 'judicial bricolage' is much more common than 'judicial comparativism'. Since the previous edition, this practice has gone hand in hand with new developments in constitutional law, such as the democratic erosion and backsliding, the emergence of populist movements, the increasing role of regional human rights courts, which in many cases overshadowed foreign sources, and the end of a global vision of constitutionalism. Applying a quantitative and a qualitative analysis, with the support of tables and data, the book gives a more complete picture of the practice of citing foreign precedents in this new and challenging era, resulting in essential reading for comparative and constitutional legal scholars.

The Use of Foreign Precedents by Constitutional Judges in the 21st Century

Judicial Bricolage

Key Ideas in Law

This book explores several key ideas relating to the 'principle of legality'. In the United Kingdom, the 'principle of legality' is an interpretive tool applied by courts to legislation that is deemed to be unclear. The term is used as shorthand for the idea that Parliament may only override fundamental legal or constitutional norms using clear legislation. This deceptively simple notion has a rich and complex historical pedigree. Since the end of the twentieth century, a 'breach of the principle of legality' has become a discrete ground of judicial review rooted in the common law. But its status, definition, and reach all remain deeply contested. In recent years, recourse to 'the principle of legality' in public law claims has become increasingly controversial. As the corpus of case law has grown, the application of the 'principle of legality' has been identified by judges, academics, and politicians as both a source of legal uncertainty in its own right, and a vehicle for potential judicial overreach. By building on a rigorous analysis of relevant case law, this book considers the intellectual foundations of 'the principle of legality'. As the analysis unfolds, we will see that there is no singular 'principle of legality' which we can accurately pinpoint. Instead, it makes sense to talk about multiple principles of legality, doing distinct, but related, work. This becomes apparent when we explore the history of the principles of legality in the context of not just public law, but the wider legal system. Moving beyond the historical context, the book explores where and how the principles of legality apply in the contemporary legal system. Subsequent chapters explore the difficulties and uncertainties of determining whether the principles of legality are engaged. Thereafter, attention turns to what norms legality does and does not protect and how courts decide upon this. The final chapter sets the principles of legality in their broader constitutional context. Overall, it will demonstrate that concerns about relating to judicial overreach are overstated. In fact, the reverse is true: the application of the principles of legality do introduce a dimension of legal uncertainty, but ultimately fall short of their constitutional potential.

Key Ideas in Law: The Principle of Legality

"Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. This important work illustrates how different branches of government co-determine each others' powers"--

The Dynamics of Powers in the European Union

This book reassesses AV Dicey's legacy in political and legal thought through the reflections of leading scholars who consider his importance not only in today's British constitutional and legal culture but also in other foreign constitutional cultures. Every student in law and in politics, every law faculty and most legal practitioners in the world are aware of who Albert Venn Dicey (1835-1922) was and what he wrote. Yet, this fame does not mean that Dicey's legacy is not controversial and debated in the present world. This book considers why Dicey's late Victorian constitutional and political thinking is still alive. In spite of all the transformations that have taken place in public law in the UK in the last hundred years, the book argues that Dicey managed to grasp and to crystallise something of the British political identity and culture. Hence the long-lasting fire-power of his constitutional and political thinking. The book also considers that there is something even more prescient in Dicey's writings, for the UK but also for countries that have adopted his understanding of the rule of law and/or of parliamentary government. Dicey identified one of the most fundamental political issues at stake: the nature of the relationship between public law and democracy. The book looks closely at the alliance between public law and democratic spirit. This alliance needs to be reassessed from a legal, historical and comparative perspective. This edited collection, gathering authors from different countries, from various legal systems and from diverse backgrounds, tackles this task.

The Enduring Legacy of a Victorian Constitutionalist

Twenty-First Century Perspectives on the Scholarship of AV Dicey

Constitutionalism in Latin America and the Caribbean

Constitutional Reasoning in Latin America and the Caribbean

Personal Data Architectures in the BRICS Countries

"How powerful are EU external relations? For a long time, the law in this field was seen merely as an adjunct to constitutional law and the law of internal markets. However, in the last 20 years it has become a key tenet of the European Union, as globalisation and cross-border challenges have taken hold. Few have done more to shape the field's evolution than Marise Cremona, and this collection pays tribute to her immense contribution. In addition to assessing the power of the EU on the global stage, the book explores how its institutions and indeed people navigate transnational and global relations"--

Liber Amicorum in Honour of Marise Cremona

EU External Relations and the Power of Law

Administrative Tribunals in the Common Law World

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