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Grimm D: Constitutional Effectiveness

Constitutional Effectiveness

The Case of Germany's Basic Law

This book brings to light a neglected program of cosmopolitan normativity in international law - innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is, he argues, is the leitmotif of international law. The book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique.

This book brings to light a neglected program of cosmopolitan normativity in international law – innate cosmopolitanism – that holds special significance in this time of competing efforts to define and direct an expanding global public order. Beginning from an intentionally broad use of the term cosmopolitan, derived from etymological roots in the cosmo-polis, Geoff Gordon draws out the main streams of thought associated with cosmopolitanism over time in discourses of international law and politics. The two best-recognized are liberal cosmopolitanism and constitutional cosmopolitanism. And, In addition to these, he introduces a third: innate cosmopolitanism. Whilst liberal cosmopolitanism is organized around the abstract individual, and constitutional cosmopolitanism is organized around the achievement of a formal arrangement, innate cosmopolitanism, is organized around a naturally-occurring collective whole: comprising all of humanity at any point in time, and understood as a historical phenomenon capable of exhibiting a will, interests or ends of its own. As such, innate cosmopolitanism is more central to the historical narrative of international law than either liberal or constitutional cosmopolitanism. It is, he argues, is the leitmotif of international law. Clarifying, consolidating – and critiquing – cosmopolitan thought, the book thus brings to light an ill-appreciated stream of cosmopolitan normativity in international law, and subject it to critique. It will be of huge interest to specialists and students of international law and politics, and especially those concerned with ideas and theories of global order or international society.

The immanent collective in international law

Innate Cosmopolitanism

Discourses of Law

Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship.

Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship.

The Rule of Reason in European Constitutionalism and Citizenship

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. 

The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU's current constitutional challenges.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. 

The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU’s current constitutional challenges.

The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

A Comparative Perspective

The Diagonality Problem of the EU Rule of Law

This book considers the derivative action, an important corporate governance tool which is commonly considered to serve two basic functions, i.e., enabling shareholders to gain redress for a wrong done to their company and deterring potential breaches of directors’ fiduciary duties. This book critically examines the derivative action from theoretical, evolutionary, and comparative perspectives. It considers how controversial issues such as locus standi, demand requirements, indemnity cost orders, information asymmetry and res judicata are approached in selected civil law countries as well as throughout the Commonwealth. The book also assesses whether derivative litigation could fulfill a similar role in China, which is one of the most rapidly developing economies in the world, yet lacks adequate corporate governance mechanisms. The ultimate aim discussed in the book is how to establish a remedial mechanism which makes derivative actions more accessible and consistent, while maintainingthe balance between corporate efficiency and protecting minority shareholders’ interests. Lastly, based on different approaches in the latest reforming infrastructure, it explores whether there is a general converging trend for derivative actions between the two major legal systems.

This book considers the derivative action, an important corporate governance tool which is commonly considered to serve two basic functions, i.e., enabling shareholders to gain redress for a wrong done to their company and deterring potential breaches of directors’ fiduciary duties. This book critically examines the derivative action from theoretical, evolutionary, and comparative perspectives. It considers how controversial issues such as locus standi, demand requirements, indemnity cost orders, information asymmetry and res judicata are approached in selected civil law countries as well as throughout the Commonwealth. The book also assesses whether derivative litigation could fulfill a similar role in China, which is one of the most rapidly developing economies in the world, yet lacks adequate corporate governance mechanisms. The ultimate aim discussed in the book is how to establish a remedial mechanism which makes derivative actions more accessible and consistent, while maintaining the balance between corporate efficiency and protecting minority shareholders’ interests. Lastly, based on different approaches in the latest reforming infrastructure, it explores whether there is a general converging trend for derivative actions between the two major legal systems.

The Comparative Perspectives on Derivative Actions

Corporate Governance in China

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

Routledge Monographs in Classical Studies

Together the Dacians and the Getae were the creators of the largest unified power of ancient Europe outside of the Roman Empire, yet each was colonized and integrated into the Roman imperial system differently. Unlike the short-lived but intense Roman experience of the Dacians, the Getae met first Greek colonists, followed by Roman integration in stages over many years. This volume utilizes high-resolution GIS mapping, remote sensing data, and aerial and satellite imagery to demonstrate changes to the landscape and to reconsider human settlement in antiquity. It provides a fresh investigation of the evolution of urbanization and developments in local economy, as well as long-term changes in material culture, social behavior, and identity over more than a thousand years. The Getae offers a realistic appreciation of the character of Roman military occupation and participation of provincial subjects in the Roman imperial system.

Together the Dacians and the Getae were the creators of the largest unified power of ancient Europe outside of the Roman Empire, yet each was colonized and integrated into the Roman imperial system differently. Unlike the short-lived but intense Roman experience of the Dacians, the Getae met first Greek colonists who settled along the western Black Sea shore, followed by Roman expansion and integration of the territory in stages over many years. As the imperial system gradually changed its ideology, priorities, and control mechanisms, the Getae were afforded numerous opportunities for contact and cultural change. The data and literature on the Getae to date has however emerged from traditional site-based investigations and surveys, resulting in heavily biased and fragmented understandings of the scale, nature, and impact of their conquest and colonization. This sweeping volume utilizes high-resolution GIS mapping, extensive analysis of remote sensing data, and archival aerial and satellite imagery to present a holistic view of changes to the landscape and to reconsider the extent of human settlement in antiquity. It offers a fresh investigation of the evolution of urbanization, developments in local economy, taxation, and administration, as well as long-term changes in material culture, social behavior, and identity over a period of more than a thousand years. The Getae offers a uniquely realistic appreciation of the nature and character of Roman military occupation and the participation of provincial subjects in the Roman imperial system.

Changing Landscapes of Colonization, Imperialism, and Memory

The Getae

Analyses in full the matters relating to the regulation of international trade under UK legislation, including coverage of geo-political situations such as the war in the Ukraine.

Analyses in full the matters relating to the regulation of international trade under UK legislation, including coverage of geo-political situations such as the war in the Ukraine.

The UK Regulation of International Trade

Routledge Studies in the European Economy

This book focuses on the extent European external policies should be reconsidered in the light of current demographic challenges, focusing on current demographic trends, an analysis of demographic transitions and European migration policies.

This book focuses on the extent European external policies should be reconsidered in the light of current demographic challenges, focusing on current demographic trends, an analysis of demographic transitions and European migration policies.

Global Population Ageing and Migration in Europe

This book fills a gap in the existing literature by providing a thorough assessment of EU regulations as a source of secondary legislation and their application in all twenty-seven Member States. It also explores that application in neighbouring countries. EU regulations are perceived as the strongest and the most effective sources of EU secondary legislation and it is well-established by the Court of Justice of the European Union that their provisions have vertical and horizontal direct effect. Part 1 of this book examines these points, providing a backdrop to the analysis in the remaining chapters. Parts 2 and 3 focus on the national reception of EU regulations in Member States, and in selected neighbouring jurisdictions. Written by leading practitioners and academics, the book offers both a conceptual underpinning to this element of the European Union's law-making, as well as its practical application.

This book fills a gap in the existing literature by providing a thorough assessment of EU regulations as a source of secondary legislation and their application in all twenty-seven Member States. It also explores that application in neighbouring countries. 

EU regulations are perceived as the strongest and the most effective sources of EU secondary legislation and it is well-established by the Court of Justice of the European Union that their provisions have vertical and horizontal direct effect. Part 1 of this book examines these points, providing a backdrop to the analysis in the remaining chapters. Parts 2 and 3 focus on the national reception of EU regulations in Member States, and in selected neighbouring jurisdictions. 

Written by leading practitioners and academics, the book offers both a conceptual underpinning to this element of the European Union’s law-making, as well as its practical application.

Legislative and Judicial Approaches

EU Regulations in Practice

Improved usage of forensic science evidence by legal practitioners is essential to reduce miscarriages of justice. This book presents critical insights into contemporary issues of forensic proof from a broad perspective. Using DNA and fingerprint evidence, the authors compare and contrast the science of forensics and how it is communicated to judges, juries, and counsel. With authors from Australia, the UK, and the U.S., the book also addresses how these different countries address science in the courtroom. This resource is ideal for all those who work in forensic capacities, including those scientists who increasingly are called to testify abroad.

Improved usage of forensic science evidence by legal practitioners is essential to reduce miscarriages of justice. This book presents critical insights into contemporary issues of forensic proof from a broad perspective. Using DNA and fingerprint evidence, the authors compare and contrast the science of forensics and how it is communicated to judges, juries, and counsel. With authors from Australia, the UK, and the U.S., the book also addresses how these different countries address science in the courtroom. This resource is ideal for all those who work in forensic capacities, including those scientists who increasingly are called to testify abroad.

Best Practices for Law

Forensic Science Evidence

“…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

Routledge Research in Employment Relations

This book considers the role of both wages and unions in economic theory, asking whether wages are merely a mechanical outcome of the economic process or a political variable subject to influence by organized labour?

This book considers the role of both wages and unions in economic theory, asking whether wages are merely a mechanical outcome of the economic process or a political variable subject to influence by organized labour?

The European Experience

Solidaristic Wages Policy

Constitutional Effectiveness

Bibliografische Angaben

Schlagworte

Bibliografische Angaben

Schlagworte

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