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Comparative Law in Asia

Essays in Honour of Andrew Harding

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

Oñati International Series in Law and Society

This book brings together theoretical and empirical research, as well as interdisciplinary and comparative studies with the aim to direct the contemporary debates within the field of ombud scholarship. Most countries have public ombud institutions that are supposed to function as mechanisms of dispute resolution outside courts for citizens seeking redress for complaints against public bodies. While research on these oversight bodies has long focused on legal aspects, since the last decade scholars have increasingly become interested in historical, political and social aspects. This book makes a contribution in this multi-disciplinary field by filling two key gaps in the literature: the first part showcases recent empirical research, the second part covers critical analytical approaches. Taken together, this volume promotes a social science oriented understanding of ombud institutions as embedded in specific social contexts, which are formed by societal forces while also contributing to the shaping of modern societies. Critical examination of how and under which conditions ombuds operate enables us to identify blind spots in both the literature and practice. On the basis of case studies from different world regions, including Austria, Australia, Colombia, France, Germany, Ireland, Netherlands, Spain, Turkey, the UK and the USA, investigated from various disciplinary perspectives, the contributions develop the field of ombud research further. Its contents and accessible style make the book relevant for anyone interested in ombud and oversight institutions: academics, researchers, students, and practitioners alike.

Empirical and Critical Perspectives

New Directions in Ombud Research

This book explores the historical, comparative and global dimensions of the constitutional phenomenon. From the origins of constitutionalism to the diverse trajectories of North American and European constitutionalism, the book considers pivotal moments in the emergence and evolution of formal Constitutions as the main structure of constitutional governance. It presents a critical inquiry into the realities that lie beneath the surface of formal constitutional documents. From the struggles for democratic governance in Latin America to Asia's delicate balance between tradition and modernity and Africa's post-colonial arrangements, the book poses a critical query: amidst the promises of democratic ideals, do formal Constitutions always translate into effective governance? What are the lessons of 'facade' Constitutions on the tension between formal documents and the realities of governance? The book explores the past and present of constitutional governance in the first quarter of the 21st century and offers insights on the future of constitutionalism. By assessing the normative quality of Constitutions and exploring the intrinsic link between them and representation, it offers an understanding of the essence and trajectories of constitutional thought and practice. The Rise of Constitutionalism is a must-read for anyone fascinated by the enduring legacy and evolving nature of the constitutional phenomenon.

A Global Perspective

The Rise of Constitutionalism

This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 - the Pentonville Five - for defying the Court's orders, strikes erupted and the docks closed. With the country's food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found? This is a revelatory account of the National Industrial Relations Court's defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing - in Donaldson's own words - 'rather peculiar things'.

'Rather Peculiar Things'

Law and Politics at the National Industrial Relations Court 1970-75

This book discusses some of the most important issues facing administrative law and related doctrines. Leading public law scholars from across the common law world have contributed chapters to recognise the exceptional scholarship and career of Matthew Groves, Distinguished Professor at Deakin University, Australia. Over the last century, the power of the administrative state has grown immensely and the scope of administrative law as a field of inquiry has grown with it. This collection of essays provides an up-to-date analysis of some of the most important issues in administrative law in the 2020s, including: access to justice issues; the role, purpose and future of ombuds institutions and tribunals; government liability within and beyond judicial review; integrity bodies; 'lawfare'; the role of policies in government decisionmaking; and the tension between military and civilian systems of justice. These topics have been central to the work and career of Matthew Groves. Readers interested in public law - whether practitioners, researchers or students - will discover a wealth of engaging and thought-provoking considerations of the most topical current issues in administrative law by a selection of prominent academics.

Essays in Honour of Matthew Groves

Controlling the Administrative State

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

Explores pivotal state and federal firearms cases and traces the conflicting legal opinions that have made the second amendment so controversial. One of the most controversial aspects of the U.S. constitution, the Second Amendment continues to divide lawmakers and the general public alike. The Second Amendment has long been the subject of myriad court cases, at both the state and federal levels. In this valuable sourcebook, close examination of these court decisions demystifies the controversy surrounding gun rights and regulations. Chronologically presenting actual court decisions from the early 1800s through the present alongside contextual information and analysis, Donald J. Campbell traces the conflicting legal opinions that have led to our current understanding of the Second Amendment. It highlights the amendment's two major controversies: the individual right versus collective right debate and the incorporation of the Second Amendment by the Due Process Clause of the Fourteenth Amendment. Chapters also thoroughly examine the most influential Supreme Court Cases that dominate popular discussions of the amendment, such as United States v. Miller, District of Columbia v. Heller, McDonald v. City of Chicago, and NYSRPA v. Bruen.

Defining the Right to Keep and Bear Arms

The Second Amendment in Court

This landmark collection provides new insights, concepts and techniques to understand and respond to tort claims based on illegal conduct. It is the first comparative study of this difficult field, which has remained contested despite numerous decisions of the highest courts in the common law world. The collection draws on scholars from common law and civilian jurisdictions spanning Argentina, Australia, Brazil, England and Wales, France, Germany, Italy, the Netherlands, Scotland, Singapore, Spain, South Africa and Sweden. Together they set out fact patterns, and justifications for tort liability to illustrate the coherence and unity that exists when courts address such claims. While common law legal systems have developed a specific defence of illegality for some of those fact patterns, civilian jurisdictions tend to see illegality operating, if at all, through the existing components of tort liability. The book explains how these different approaches have been reached, how they work, and what they reveal about reasoning in tort.

Comparative Legal Reasoning in Global Perspective

Understanding Tort Claims and Illegality

This book explores the major theories of common law adjudication and presents a new theory of adjudication. It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values. Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.

Integrating Theory and Practice

Towards a New Theory of Adjudication

This open access book tells the story of how a standing board of judges in London has shaped the constitutional laws of Commonwealth countries through its most consequential decisions since 1833. It provides a broad-ranging critical analysis of the Judicial Committee of the Privy Council's (JCPC) constitutional influence and legacy to date as the oldest serving multinational supreme court in the world. From over 193 years of case law, 17 decisions are identified and represent, for better or worse, defining historical and constitutional moments in their respective jurisdictions and beyond. They originate from 11 countries on 5 continents, reflecting the once worldwide breadth of the JCPC's authority. Several cases from the Global South, which have tended to be overlooked in the Western literature and case law, are included. In this first-ever collection of JCPC case studies, the authors explain the court's pivotal role in redefining the relationship between the UK and the rest of the Commonwealth, articulating the structures of Westminster constitutions, and interpreting fundamental human rights. The collection offers an outlook on the JCPC's future as it carries on with its subsisting mandate in the 31 countries and territories still under its jurisdiction. The book is aimed at public law scholars, practitioners, and students from Commonwealth countries. It will also interest readers who seek to learn about the British and Commonwealth constitutional traditions. From this volume of 15 original studies on a unique judicial institution in modern history, the reader will gain a deeper comprehension of our constitutions and their mutual influences within and across legal traditions. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Foundational and Leading Constitutional Cases

The Judicial Committee of the Privy Council

This volume is the first in-depth collection to explore the impact of language on the field of comparative constitutional law. It addresses the epistemological and conceptual implications of English as the lingua franca. In this regard, it considers the global influence of Anglophone jurisdictions in orienting the discourse through the identification of concepts, designs and ideas that warrant engagement and exploration outside of those origin jurisdictions. In doing so, the book underscores that language is not a neutral device but can produce hegemonic pressures and expectations. It further makes the role of language in conducting comparative constitutional law explicit, so that its users can be more deliberate in their selection of foreign materials and are made conscious of the limitations of their findings due to language barriers. The book calls for a reckoning with the rich constitutional vocabulary that non-Anglophone jurisdictions have to offer to ensure a more holistic approach to the creation of knowledge. It also emphasises the need for the contextualised study of constitutional phenomena to appreciate how these are shaped by linguistic choices. In addition to raising awareness about language's significance as an epistemological, conceptual and methodological device, the volume also puts forward constructive tools and techniques to harness language's potential, making it an indispensable resource for scholars, students, lawmakers and judges.

Questioning Hegemonies

The Language of Comparative Constitutional Law

Constitutional Systems of the World

Following the successful formula of the series, this book offers an introductory but authoritative overview to the Constitution of Bangladesh. It looks at the shape and working of the Constitution, while introducing the reader to it key stakeholders. It sets out the features unique to the Bangladeshi situation and the specific challenges that rise. With the opening key words and end of chapter further reading recommendations, this is the ideal starting point for students if this fascinating state and its governing framework.

Following the successful formula of the series, this book offers an introductory but authoritative overview to the Constitution of Bangladesh. It looks at the shape and working of the Constitution, while introducing the reader to it key stakeholders. It sets out the features unique to the Bangladeshi situation and the specific challenges that rise. With the opening key words and end of chapter further reading recommendations, this is the ideal starting point for students if this fascinating state and its governing framework.

A Contextual Analysis

The Constitution of Bangladesh

Comparative Law in Asia

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