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Law and Criminology (R0)

Dusan V. Popovic

Ivana Kunda

Zlatan Meskic

Enis Omerovic

Balkan Yearbook of European and International Law 2025

&lt;p class="MsoNormal"&gt;&lt;strong&gt;&lt;span lang="EN-US" style="mso-ansi-language: EN-US;"&gt;Part I Digital Platforms and Ethical Considerations: &lt;/span&gt;&lt;/strong&gt;&lt;span lang="EN-US" style="mso-ansi-language: EN-US;"&gt;Discrimination in Online Housing Advertising: The Intersection of Anti-Discrimination Law and Platform Regulation &lt;em&gt;by Matija Damjan and Lucija Strojan&lt;/em&gt;.- The Ethical and Legal Implications of the "Pay-or-Consent" Model in Digital Markets &lt;em&gt;by Arletta Gorecka&lt;/em&gt;.- The Impact of Withdrawing Consent for the Processing of Personal Data on the Fate of Contract for the Supply of Digital Content and Digital Services &lt;em&gt;by Nikolina Mi&amp;scaron;čević and Slobodan Midorović&lt;/em&gt;.- &lt;strong&gt;Part II European Law: &lt;/strong&gt;Modified Acceptance of an Offer in International and European Contract Law: Restating the &amp;lsquo;Mirror-Image&amp;rsquo; Doctrine &lt;em&gt;by Nenad Gavrilović&lt;/em&gt;.- The Limits of Regulatory Protection under UTP Directive: Reframing Enforcement to Ensure Compensatory Commercial Justice and Contract Enforcement &lt;em&gt;by Iva Grgić&lt;/em&gt;.- Construing Coordinated Vulnerability Disclosure in EU Law: Normative and Institutional Implications for Cybersecurity Governance &lt;em&gt;by Marija Vlajković and Jelisaveta Tasev&lt;/em&gt;.- The Notion of Agricultural Enterprise and the Application of the Italian Insolvency and Over-Indebtedness Framework in Light of the EU Insolvency Directive &lt;em&gt;by Beatrice La Porta&lt;/em&gt;.- Sustainability in EU Geographical Indications Law: Assessing the Impact of Regulation (EU) No 1151/2012 as amended by Regulation (EU) No 2021/2117 &lt;em&gt;by Harun Lozo&lt;/em&gt;.- &lt;strong&gt;Part III International Law: &lt;/strong&gt;Class Action Versus Representative Action: Are We Facing the Gradual Harmonisation Between American and European Model of Collective Consumer Actions? &lt;em&gt;by Slobodan Vukadinović and Jovana Popović&lt;/em&gt;.- A Comparative Analysis of the Limitations of Appeal in Civil Procedure: Reflections of the De Minimis Principle &lt;em&gt;by Marko S. Knežević&lt;/em&gt;.&lt;/span&gt;&lt;/p&gt;

Hart Studies in Constitutional Law

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament's authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament's legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament's legal position. It proposes a novel conception of Parliament's power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament's law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by both its internal procedures and the devolved legislatures.

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament’s authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament’s legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament’s legal position. It proposes a novel conception of Parliament’s power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament’s law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by the executive, Parliament’s internal procedures and the devolved legislatures.

A Sceptical Restatement

Parliamentary Sovereignty

Ius Gentium: Comparative Perspectives on Law and Justice

This book offers a clear and comprehensive comparative examination of how two of the leading regulatory models, the European Union and the United States, protect children’s personal data and privacy online, focusing on two key frameworks: the General Data Protection Regulation (GDPR) and the Children's Online Privacy Protection Act (COPPA). It traces their legal foundations, historical evolution, regulatory context, and real-world impact, showing how each system addresses the complex challenge of safeguarding children in digital environments.Through accessible analysis, the book explores key issues including parental consent, age thresholds, and the effectiveness of age-verification and assurance mechanisms. The roles, responsibilities, and rights of parents, alongside the duties of data controllers, are examined in detail. It also highlights the gap between legal requirements and their practical enforcement, supported by case law and real-world examples, including social media practices such as child influencers and parental sharing. Taken together, these analyses examine whether current approaches adequately protect children’s best interests in digital environments.Moving beyond critique, the book calls for a shift toward more child-centered regulatory approaches. It addresses emerging challenges, particularly those driven by rapid advances in AI, and argues for integrating privacy and safety directly into digital design and system architecture, rather than relying heavily on parental oversight. In this respect, it emphasizes that effective protection of children’s privacy and personal data requires a coordinated, multi-stakeholder approach.This timely and insightful work is essential reading for legal professionals, academics, policymakers, and technology and industry practitioners, as well as all those concerned with the future of children’s rights in the digital age.

Online Privacy and Data Protection of Children in the European Union and the United States

Cambridge Studies in Constitutional Law

South Africa presents the perplexing paradox of arguably having the most progressive Constitution in the world, marked by full-throated socio-economic rights protection, while also being one of the most unequal countries in the world. This book takes seriously increasing sociopolitical challenges to the legitimacy of South Africa's post-apartheid legal order and scorching critiques of the constitutional settlement, against which many in the legal establishment bristle. Sindiso Mnisi develops 'Alter-Native Constitutionalism,' which is distinguished by equitable amalgamation of customary and common law with vernacular (or 'living') law, as a more compelling and just model for South Africa to adopt in its future than the legal pluralism that largely represents the afterlives of colonialism. This book draws on and contributes to international debates about the role of law in decolonising post-colonial orders and economic redistribution, addressing issues of poverty and inequality, gender, race, indigeneity, and customary vs vernacular law.

Common-ing ‘Common' Law, Transforming Property in South Africa

Alter-Native Constitutionalism

Great Debates in Law

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

Great Debates in Public Law

An acclaimed New York Times Magazine writer brings us into the world of the controversial technology firm Palantir and its very colorful and outspoken CEO, Alex Karp, tracing the ascent of Big Data, the rise of surveillance technology, and the shifting global balance of power in the 21st century. Palantir builds data integration software: its technology ingests vast quantities of information and quickly identifies patterns, trends, and connections that might elude the human eye. Founded in 2003 to help the US government in the war on terrorism—an early investor was the CIA—Palantir is now a $400 billion global colossus whose software is used by major intelligence services (including the Mossad), the US military, dozens of federal agencies, and corporate giants like Airbus and BP. From AI to counterterrorism to climate change to immigration to financial fraud to the future of warfare, the company is at the nexus of the most critical issues of the 21st century. Its CEO, Alex Karp, is a distinctive figure on the global business scene. A biracial Jew who is also severely dyslexic, Karp has built Palantir into a tech giant despite having no background in either business or computer science. Instead, he’s a trained philosopher who has become known for his strongly held views on a range of issues and for his willingness to grapple with the moral and ethical implications of Palantir’s work. Those questions have taken on added urgency during the Trump era, which has also brought attention to the political activism of Karp’s close friend and Palantir cofounder Peter Thiel. In The Philosopher in the Valley, journalist Michael Steinberger explores the world of Alex Karp, Palantir, and the future that they are leading us toward. It is an urgent and illuminating work about one of Silicon Valley’s most secretive and powerful companies, whose technology is at the leading edge of the surveillance state.

Alex Karp, Palantir, and the Rise of the Surveillance State

The Philosopher in the Valley

Qizhen Humanities and Social Sciences Library

This seminal work establishes the digital rule of law as the fundamental trajectory for social governance and legal transformation in the digital era. Guided by the vision of "empowering the rule of law through digital technologies while anchoring digital development within legal frameworks," the Digital Law Research Team at Zhejiang University presents pioneering research in this book.

Practice and Reform

Digital Rule of Law

The volume examines, from a legal point of view, various regulatory, political, technological and democratic issues related to the disinformation phenomenon in both "old media" (newspapers and broadcasting) and "new media" (digital platforms, social media and artificial intelligence) in two different scenarios: elections and war.
Disinformation is in fact relevant, inter alia, in light of two very significant events of recent years. First, 2024 marks a year of general elections in numerous regions globally, involving 76 countries (including, within our continent, the elections for the European Parliament as well as parliamentary and presidential elections in several EU Member States such as Portugal, Belgium, Austria, and, on the other side of the Atlantic, the Presidential elections in the United States). Second, 2025 is the fourth year of the Russia/Ukraine military conflict. The common thread that binds these two situations is clear: disinformation may significantly impact the formation of public opinion, thereby prompting public decisions that risk being based on false or seriously distorted news. Starting from the two-abovementioned scenarios, the chapters of the volume concern the current "state of health" of freedom of expression in both "old media" and "new media", and they contribute to answer three main questions. First, are governmental repressive, corrective or even preventive actions against "false" information in the two scenarios discussed here the right solution? Could any prohibition of disinformation rather lead, paradoxically, to the opposing result of producing a "chilling effect", in itself harmful to the free circulation of ideas, including those who "shock or disturb"? Second, is it still valid that the best antidote to disinformation and hate speech is more speech? Is this conclusion still correct in case of absence of pluralism in the media, when the main sources of information are controlled by one or few media companies? Third, is propaganda of war a specific situation that merits being distinguished from any other form of disinformation?

Shaping the New Boundaries of Free Speech?

Disinformation in New and Old Media in the XXI Century

A Path to Digital Silk Road

Legal Framework of Digital Economy and Digital Trade under the Belt and Road Initiative

This book explores the theoretical foundations and practical implications of adopting a system of binding judicial precedents in civil law and mixed jurisdictions. Drawing from the author’s dual background in Latin American and European legal traditions, the book offers a groundbreaking framework for understanding precedents not merely as persuasive sources but as normative structures with formal binding authority. Written by Hermes Zaneti Jr., a renowned scholar and public prosecutor, this work emerges from a comparative constitutionalist perspective and engages deeply with the theory of Luigi Ferrajoli. It argues that the rise of stare decisis in hybrid systems like Brazil reflects both historical contingencies and a normative evolution toward legal certainty, equality, and rational adjudication. The book introduces the notion of normative precedents and classifies their binding force in three degrees, proposing an operational methodology for judges and courts to apply precedents while respecting constitutional principles such as judicial independence and the separation of powers. This sixth, revised edition includes updated doctrinal discussions, detailed comparative analysis, and a critical reflection on the Brazilian Code of Civil Procedure (2015) and the constitutional role of the judiciary in rights protection. With its robust combination of legal theory, dogmatic analysis, and historical development, this book provides scholars, judges, and advanced students with a comprehensive model for integrating precedent into constitutional democracies without sacrificing fundamental guarantees. Ideal for academics in comparative constitutional law, legal theory, and procedural law, The Binding Value of Precedents contributes to global debates on the normative role of precedent, judicial discretion, and the epistemology of legal interpretation in post-formalist legal systems.

The Emergence of Stare Decisis in Civil Law and Mixed Jurisdictions

The Binding Value of Precedents

This book focuses on the people's supervisor system in China and its legislation. It is the very first book to focus on legislation related to the people's supervisor system in China. It compares the people's supervisor system with the people's jury system in China. By applying a constitutional approach and exploring the legislation of the people's supervisor system, this book presents the possibilities of establishing a people's supervisor system and rule of law in China. This book is intended for legal scholars or practitioners with an interest in Chinese judicial reform, including court and procuratorate reform, as well as the advancement of the rule of law in China.

Legislative Research on the People’s Supervisor System

This book investigates the structural limits of the principle of party initiative and the rule of congruence within the contemporary civil procedural system, with a primary focus on Brazilian law and a comparative outlook that resonates with other legal traditions. It critically examines how the liberal-individualist foundations of civil procedure—rooted in 18th- and 19th-century private law—continue to shape the concepts of jurisdiction, action, defense, and process, often in ways that are misaligned with the collective and complex nature of modern legal disputes.Through the lens of financial compensation for mineral exploitation, the work explores the dual role of the Public Power as both rights-holder and representative of diffuse interests, revealing the inadequacy of traditional procedural categories in addressing collective claims. This tension underscores the need to rethink the procedural framework, especially when the judiciary is called upon to act beyond the strict confines of party-submitted claims.The book proposes a shift toward a more systemic and public-oriented understanding of judicial activity, grounded in the principle of proportionality—understood here in its pan-procedural dimension. Rather than evaluating procedural guarantees solely within the boundaries of individual cases, it advocates for a broader analysis that considers the efficiency and legitimacy of the judiciary as a public service. Drawing on constitutional principles and comparative jurisprudence, it argues that judicial decisions must be guided by a balance between means and ends, ensuring that interventions are not only legally sound but also socially and economically justified.This approach is further developed through a critical analysis of the classification of legal actions and the effects of judicial decisions. The book revisits traditional distinctions—declaratory, constitutive, condemnatory, mandamental, and executive—highlighting their historical evolution and practical limitations. It challenges the rigidity of these categories, especially in contexts such as third-party embargoes and fraud against creditors, where procedural formalism can hinder effective legal protection. The discussion extends to the controversial admissibility of declaratory actions on facts, advocating for a more pragmatic and flexible interpretation that aligns with the realities of legal uncertainty and the need for judicial affirmation of rights and obligations.This work offers a renewed theoretical and practical framework for understanding the boundaries of judicial action. By integrating the principles of proportionality and adequate representation into the heart of procedural reasoning, it seeks to reconcile the individualistic origins of civil procedure with the demands of a complex, pluralistic, and constitutionally committed legal order.

Principle of Party Initiative

CPG Series of Comparative Constitutional Law, Politics and Governance

Current Developments and Challenges

Public Law in Asia

Balkan Yearbook of European and International Law 2025

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