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Tushnet Mark: Constitutionalism and Its
Discontents

Constitutionalism and Its Discontents

Modern Studies in European Law

This open access book provides a compelling re-examination of the European Union judiciary, encompassing the European Court of Human Rights, the Court of Justice of the European Union and constitutional courts, as explored by prominent scholars from the Spanish academic community. Organised into three substantive parts, the book explores the essential interplay between these judicial bodies, emphasising how their distinct roles, challenges and evolutions are deeply interconnected. Together, these institutions form a cohesive yet occasionally tension-filled 'community of judges' that collaborates, interacts, and sometimes diverges in shaping the legal landscape of Europe. The first part examines the institutional framework and the foundational role of the European Court of Human Rights, focusing on its influence on European legal norms and human rights protections. The second part addresses the institutional challenges faced by the Court of Justice of the European Union, including its function as a cornerstone of EU law and its interactions with other courts. The final part investigates the role of constitutional courts within EU Member States, highlighting their responses to European integration and their dynamic relationships with supranational courts. By exploring the interdependencies, mutual influences, and occasional tensions within this 'community of judges', the book reveals how these courts, in collaboration with European scholarship, collectively contribute to a broader 'community of law' that continues to shape the legal and political order of Europe. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

A Community of Law and a Community of Judges

The European Judiciary

This timely edited collection offers a critical and multidisciplinary examination of the European Union's Migration and Asylum Pact, marking the third major reform phase of the Common European Asylum System. As the EU seeks to present a unified and effective response to migration challenges, the Pact introduces sweeping changes-from border procedures and asylum processing to external partnerships and data-driven governance. Bringing together leading scholars, legal practitioners, and NGO experts, the collection explores the Pact's implications ahead of its implementation. Contributors interrogate its legal foundations, political motivations, and operational mechanisms, offering insights into how the EU balances efficiency with fundamental rights, solidarity with sovereignty, and innovation with accountability. Organised around four central themes - political solidarity, border management, external cooperation, and rights compliance - the volume highlights the tensions and contradictions within the Pact. It asks: Can the EU harmonise divergent national approaches to migration? Will faster procedures compromise legal safeguards? How will partnerships with third countries affect asylum seekers' rights? With chapters covering topics such as AI at the border, the coloniality of digital technologies, and the role of EU institutions in enforcement and oversight, this book is an essential resource for academics, policymakers, lawyers, and students. It offers not only a critique but also a roadmap for understanding the future of asylum governance in Europe.

A Fresh Start?

The European Union's Pact on Migration and Asylum

Code of Federal Regulations, Title 40 Protection of the Environment

A compilation of federal regulations, the Code of Federal Regulations (CFRs) are an authoritative source of government information representing broad subject areas.

Code of Federal Regulations, Title 40 Protection of the Environment 60 APPENDICES, Revised as of July 1, 2025

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

Learnings from Stability Theory of Complex Systems

The Resilience of Democracy

Environmental NGOs and Access to Justice Before the Cjeu

The Princeton Economic History of the Western World

Eurasian Trade and the Rise of the Business Corporation, 1400–1700

Going the Distance

Cornerstone on...

Inquests and inquiries form a distinct area of law in which the aim of the tribunal is to discover what happened, rather than who is right, wrong, or at fault. Cornerstone on Inquests and Inquiries provides an accessible, go-to guide to this area of practice, useful for both practitioners and parties involved. It looks at the field as a whole, acknowledging the commonalities between inquests and public inquiries, and providing a practical approach to each. The book also covers the field of parliamentary inquiries.

Cornerstone on Inquests and Inquiries

The Rule of Law in Context

How and why do the rule of law ideas shape the origins and functioning of the Russian state and society? 

This book explores how, over two centuries, the Russian meaning of the rule of law has been reflected in the legal doctrine, legislation, formal and informal practices of legal and political institutions, and also everyday life and the perceptions of Russian citizens at large and certain minority groups. 

The authors argue that legal dualism – the tension between constitutionalism and political expediency – explains the rise and fall of multiple ways in which the parts of the Russian state interact with each other and with citizens, and in which citizens and businesses interact among themselves both at home and abroad. 

Explaining the peaceful co-existence of these multiple ways of law, this book goes beyond the mainstream accounts of instrumental uses of law and lawlessness in Russia and offers novel ways of understanding the myriad ways in which law may matter in authoritarian regimes.

Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action

The Rule of Law in Russia

Code of Federal Regulations, Title 42 Public Health

Title 42 presents regulations that apply to: medical personnel; medical care and examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare and medical assistance programs; and standards and certification of facilities and services. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

Code of Federal Regulations, Title 42 Public Health 414-429, 2025

How apprenticeship shaped the English economy Apprenticeship dominated training and skill formation in early modern Europe. Years spent learning from a skilled master were a nearly universal experience for young workers in crafts and trade. In England, when apprenticeship reached its peak, as many as a third of all teenage males would serve and learn as apprentices. In The Market for Skill, Patrick Wallis shows how apprenticeship helped reshape the English economy. Some historians see apprenticeship as a key ingredient in the industrial revolution; others agree with Adam Smith in seeing it as wasteful and conservative. Wallis shows that neither of these perspectives is entirely accurate. He offers a new account of apprenticeship and the market for skill in England, analyzing the records of hundreds of thousands of individual apprentices to tell the story of how apprenticeship worked and how it contributed to the transformation of England. Wallis details the activities of apprentices and masters, the strategies of ambitious parents, the interventions of guilds and the decisions of town officials. He shows how the system of early modern apprenticeship contributed to the growth of cities, the movement of workers from farms to manufacturing and the spread of new technologies and productive knowledge. In this groundbreaking study, Wallis argues that apprenticeship succeeded precisely because it was a flexible institution which allowed apprentices to change their minds and exit contracts early. Apprenticeship provided a vital channel for training that families could trust and that was accessible to most young people, whatever their background.

Apprenticeship and Economic Growth in Early Modern England

The Market for Skill

Code of Federal Regulations, Title 24 Housing and Urban Development

Title 24 presents regulations governing housing and urban development as set forth by the Department of Housing and Urban Development and the Neighborhood Reinvestment Corporation. Topics covered include: fair housing; mortgage and loan insurance programs; and slum clearance and urban renewal. Additions and revisions to this section of the code are posted annually by April. Publication follows within six months.

Code of Federal Regulations, Title 24 Housing Urban Dev 1700-END, Revised as of April 1, 2025

Constitutionalism and Its Discontents

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