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Tshilombo J: DÉBOUT POUR VOS DROITS - Ce
Que La Couronne Ne Veut Pas Que Vous Sa

DÉBOUT POUR VOS DROITS - Ce Que La Couronne Ne Veut Pas Que Vous Sachiez

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

AI and Constitutional Law in Europe

Democracy in the Age of Disinformation

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

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

The Rule of Law in Context

This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, 'the rule of law' in Australia. It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law. It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced. With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia's rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government's response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government's 'Robodebt' inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.

Living in the Long Shadow of Colonialism

The Rule of Law in Australia

Key Ideas in Law

This book provides an account of the most important and controversial aspects of the principle of legality in the United Kingdom. The principle of legality describes a method of statutory interpretation that empowers courts to prevent fundamental common law values from being overridden by unclear legislation. However, it makes more sense to think of multiple principles of legality, rather than a single concept. The book provides a fresh and detailed perspective on a controversial aspect of the common law. It will be useful for students of law and politics, legal practitioners and scholars. It explores the many complexities surrounding the historical origins, fields of application, mode of operation, and subject matter of the principle of legality. Despite its long history, the term 'principle of legality' only began to be used in public law cases towards the end of the twentieth century. More recently, judicial references to the principle of legality in high profile constitutional law cases have fuelled broader concerns about judicial overreach. The book argues that these concerns are unfounded, and deeper principles of legality are required.

Key Ideas in Law: The Principle of Legality

¿This book provides a comparative perspective on the impact of the COVID-19 pandemic on different criminal law systems. To this end, the book brings together country reports from Brazil, Argentina, Spain, Portugal, Italy, Austria, Sweden, the Netherlands, Germany, Poland, France and Belgium.
All country reports address the same key issues in order to facilitate comparative conclusions. Those key issues re: criminal liability for spreading the coronavirus, criminal liability of medical staff in triage situations, criminal liability of political decision-makers, as well as further (country-specific) challenges in the context of the pandemic and criminal law. Furthermore, they explore domestic case-law and academic literature relevant in this context.This book will be useful for criminal law scholars and practitioners as well as policymakers around the world. The comparative approach of the book will provide them with a more informed and objective perception of their national systems and their respective approaches to COVID-19 and criminal law. Another key objective of this volume in the ICJ Series is to foster dialogue and an exchange of ideas between stakeholders of different nations and ultimately to enable cross-semination between different criminal law systems.Prof. Dr. Frank Zimmermann is Professor for Criminal Law and Criminal Procedure, European and International Criminal Law as well as Criminal Law and Digitalization at the Institute for Criminal Sciences, Dept. V, University of Münster in Münster, Germany.

Comparative Perspectives

Criminal Law and the Covid-19 Crisis

Hart Studies in European Criminal Law

The European Arrest Warrant ('EAW'), the cornerstone of European criminal law, is twenty years old. This collection brings together the leading commentators in the field to assess its merits, successes and suggest improvements. Taking a holistic approach, it looks at the EAW from all the different perspectives of its operation. Discussions range from fundamental rights, to constitutional issues and questions of national diversity, and to the external dimension of the EAW. This is an important assessment of the EAW, destined to become the point of reference in the field.

The European Arrest Warrant (‘EAW’), the cornerstone of European criminal law, is twenty years old. This collection brings together the leading commentators in the field to assess its merits, successes and suggest improvements. Taking a holistic approach, it looks at the EAW from all the different perspectives of its operation. Discussions range from fundamental rights, to constitutional issues and questions of national diversity, and to the external dimension of the EAW. This is an important assessment of the EAW, destined to become the point of reference in the field.

Coming of Age?

The European Arrest Warrant at Twenty

What is the process for a successful criminal investigation? Finding the Truth with Criminal Investigation is intended to answer all of the questions of who, what, where, when, why and how a violent crime occurred and/or was committed. It is intended for students in the field of criminal justice who wish to become criminal investigators-exposing them to the tools and processes needed to conduct a proper criminal investigation, but also the reality of working to support others as a team. Author Daniel A. Reilly spent a great deal of his professional life working on homicide cases, and he offers students his expertise in criminal investigation by successfully incorporating real-world context throughout this book. Updates to this Second Edition include: - Updated illustrative cases reflecting current police investigations, to support theories and opinions about investigative steps and best practices - Additional content on crime scene investigation - Updated scholarship and supporting data - New images, charts, and graphs

Suspect, Subject, Defendant

Finding the Truth with Criminal Investigation

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 unique open access collection offers an in-depth understanding of UK-EU police and judicial cooperation post-Brexit, an under-explored field. It considers the legal and political operation of the Trade and Cooperation Agreement (TCA) and its implications for a wide number of policy areas. As well as critiquing its operation, contributors suggest reforms that would improve police and judicial cooperation between the UK and the EU. This scholarly discussion is balanced against practical considerations, with short chapters setting out practitioners' perspectives on the TCA. It ends by reflecting on lessons that non-EU countries seeking cooperation with the EU might learn. The ebook editions of this book are available open access under a CC BY 4.0 licence on bloomsburycollections.com. Open access was funded by Northumbria University.

DÉBOUT POUR VOS DROITS - Ce Que La Couronne Ne Veut Pas Que Vous Sachiez

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