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Lehr E: ÃlÃ(c)ments De Droit Civil
Espagnol

ÃlÃ(c)ments De Droit Civil Espagnol

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

Hart Studies in Private Law

This book provides a ground-breaking new conceptualisation and complete account of the 'Mere Equity': it charts the development of 'transformative' proprietary remedies in English Law. It sets out a conceptual framework by which to understand those transformative remedies that create equitable proprietary rights rooted in the concept of decisional-control. This allows the work to illustrate how power(s) to create an equitable interest are exercised by courts within a framework of doctrinal rules stipulating when, how, and to what end such power(s) may be exercised. This is a complex field of private law, in much need of clarification, and scholars of private law will welcome this work.

What is the Mere Equity?

Understanding Transformative Proprietary Remedies in English Private Law

Constitutionalism in Asia

This book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. The Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme decision of Kesavananda Bharati v State of Kerala AIR - which held that certain core or fundamental features in the Constitution of India could not be amended by Parliament even if it met all procedural requirements - was initially rejected when it was first argued in Malaysia in the 1975 case of Loh Kooi Choon v Government of Malaysia and lay dormant for the next three decades. Judicial winds shifted in 2010 when Malaysia's apex court, the Federal Court, cited Kesavananda with approval in the case of Sivarasa Rasiah v Badan Peguam Malaysia &amp; Anor, and observed that it was 'clear from the way in which the Federal Constitution is constructed that there are certain features that constitute its basic fabric' and that 'any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.' In a quick succession of cases, the Federal Court cemented this doctrine in Malaysia's jurisprudence and deployed it to defend the court's judicial power. These widely-publicised cases generated much debate beyond the legal fraternity and judiciary and often polarised different sectors of Malaysian society. This collection of essays responds to this extremely important debate on the limits of constitutional amendments as a form of constitution-making in Malaysia by considering the theory behind the Basic Structure Doctrine and critically examining how it has been harnessed by the Federal Court and by other political actors - most notably Islamists and secularists; and royalists and republicans - on the ground.

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

The Rule of Law in Context

This book presents an account of how the rule of law in Thailand has developed through history as well as how it is perceived by different segments of society. It is the first volume on Thailand's rule of law written in English by Thai scholars having first-hand experience in its development in the past three decades. To outsiders, the nature and operation of the rule of law in Thailand expose an array of ambivalences and paradoxes. Despite being one of the first Asian countries to adopt a constitutional democracy, democratisation remains a far-off dream. Though having consistently proclaimed itself to be a staunch advocate of democracy and human rights, the Kingdom has been rife and stifled with military coups, massacres, and pervasive corruption. The story becomes even more complex with regard to the status of its monarchy. Against the practice of royally-endorsed coups, the Thai King is however praised as the sinew of rule-of-law development. Between the struggle of a progressive, pro-democracy movement and the royalist-conservative alliance, 'Rule of Law' becomes a buzzword around which both parties contest. In addition to its perplexing image, an attempt to understand Thailand's rule of law is further crippled by language barrier, with neologisms competing for selection - nitirath and nititham.

The Rule of Law in Thailand

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration. It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements. Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

Exploring the Foundations of Contract Law

Cause and Consideration

Global Reflections on Positionality in Rural Access to Justice Research

The book examines the practice of judicial reasoning in Tort law, understood as a process of justification, consisting of both deductive and non-deductive elements, and therefore involving a significant element of choice or discretion. The book divides the elements of judicial reasoning into four conceptual categories: factual assessments, application of legislative and judge-made rules, reliance on reasonableness, and policy considerations. To discuss these elements in a comparative perspective the book uses the English and French judicial traditions of Tort law as case studies. This enables the author to present a range of methods of establishing facts, drawing inferences, using legal sources and relying on policy arguments. By closely examining selected Tort judgments from both jurisdictions, the book elucidates the phenomenon of law-making through adjudication in both a non-codified and a codified system of liability. It offers a reflection on different approaches legal systems may adopt to the importance in the process of judicial justification of such issues as certainty and truth, common sense, consistency with previous judicial decisions and policy.
The book connects the choice of approaches in judicial reasoning in Tort law with its procedural and institutional context.

This book examines the practice of judicial reasoning in Tort law. Drawing on comparative examples from the French judicial tradition, it connects the choice of approaches in judicial reasoning with its procedural and institutional context.

English and French Traditions Compared

Judicial Reasoning in Tort Law

Written by leading practitioners in the field, this book provides a coherent framework for understanding the principles of sports law. The subject is split into various areas of practice. First regulatory rules, which embrace the constitutional aspect of organised sport including the disciplinary procedures of the various sport governing organisations. Second, broadcasting and marketing resulting from the commercial exploitation, including sponsorship, of sports clubs, sporting events and players. Third, player's rights and obligations which embraces a wide range of legal issues including club transfers and player contracts, and issues arising from employment (including discrimination law), personal injury and criminal law. Special attention is paid to the impact of EU and Human Rights law as well as to the influential jurisprudence of the Court of Arbitration for Sport. Written by an expert team, including the father of sports law, Michael Beloff QC, this is required reading for all those practising in the field.

“…this edition is hugely well researched, equally well written and provides a holistic approach to the wide-ranging elements that comprise an ever-increasing and ever more popular specialist area of the law…What sets this publication apart from its competitors is the very essence that the reader is benefiting from the duality both of the collective knowledge and hands-on experience of the authorship in all aspects. A considered group opinion is thus put forward and is notably refreshing in the process…It is thoroughly enriched by being logical, intuitive, engagingly written and, above all, insightful…Practitioners, academics and sports administrators alike, cannot fail to be impressed and now everyone concerned in sports law has at their fingertips a handbook they can treat as a working bible. We cannot commend it highly enough.” – Mel Goldberg, International Sports Law Review, Issue 4

“Any lawyer interested in the field of sports law should have the Second Edition of Sports Law to hand; its lucid, comprehensive yet concise exposition of the relevant jurisprudence is as invigorating as a cold blast of fresh air in a sweaty workout. It reads like a good opinion, in which the author has mastered his subject and speaks authoritatively, with the answer and reasoning set out clearly and understood...Sports Law is written with intellectual rigour combined with a zest for the subject matter. The four authors bring a diversity of juridical backgrounds that instills a breath of vision into the analysis. If you are a busy practitioner looking for the "answer" to a sports law problem, this is the textbook; if you are an academic searching for some underlying principles and theories, there is plenty for you too.” – Tim Lord QC, Counsel Magazine

“One of the many strengths of this book is its concision and good English. It is well bound, clearly and comprehensively footnoted and with full case indices at the beginning. It is easy to read ... Any law firm or sports organisation which has sports legal issues arising from time to time would find this book a very useful addition to library shelves. The authors have struck a lovely balance between in-depth knowledgeable commentary but presented in a way the busy lawyer can understand. It will be my first port of call from now on for any sports law question.” – Susan Singleton, IT Law Today

Written by leading practitioners in the field, this book provides a coherent framework for understanding the principles of sports law.

The subject is split into various areas of practice. First regulatory rules, which embrace the constitutional aspect of organised sport including the disciplinary procedures of the various sport governing organisations. Second, broadcasting and marketing resulting from the commercial exploitation, including sponsorship, of sports clubs, sporting events and players. Third, player’s rights and obligations which embraces a wide range of legal issues including club transfers and player contracts, and issues arising from employment (including discrimination law), personal injury and criminal law. Special attention is paid to the impact of EU and Human Rights law as well as to the influential jurisprudence of the Court of Arbitration for Sport. Written by an expert team, including the father of sports law, Michael Beloff QC, this is required reading for all those practising in the field.

Sports Law

Hart Studies in Constitutional Theory

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

Landmark Cases

This book presents the landmark cases in company law which have shaped and defined the field and is written by leading experts in the field.

Part of the market-leading Landmark Cases series, this book brings together leading experts in company law to analyse the the landmark cases in company law which have shaped and defined the field. Drawing on a range of diverse methods and a multi-disciplinary orientation, the book explains the past, present, and future of company law as well as its shape, structure, and trajectory. Company law is now understood to be a creature of statute law. The Companies Act of 2006 is a monumental piece of legislative work. Cases, however, played a central role in creating, establishing, and influencing legal ideas that were later enshrined within pieces of legislation. To identify the landmark cases in company law, the book develops an original, democratic, and objective method. It undertakes a citation analysis of cases used by 5 leading English company law textbooks. Highly cited cases are widely understood to be central to the company law curriculum. Once these cases have been identified, they are examined by leading scholars in company law. The analysis that follows sheds some much needed light on how, why, and when historic rules came into being. This contextual analysis is missing from the original law reports as well as the legislation that we see in operation today. It follows that these novel accounts of the roots of company law push beyond a simplistic narration of the case and proffer a new explanation for why legal rules took the shape that they did. Other archaeological studies also provide a fresh account of the case. Such an excavation informs the reader about legal advisors or the parties in the suit to explain why the litigation arose in this particular way, manner, or form.

Landmark Cases in Company Law

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

ÃlÃ(c)ments De Droit Civil Espagnol

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ÃlÃ(c)ments De Droit Civil Espagnol

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ÃlÃ(c)ments De Droit Civil Espagnol