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Dissensus Over Liberal Democracy

Insights from European Judges

This book is an insightful, thought-provoking study of one of the world's most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. 

This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

This book is an insightful, thought-provoking study of one of the world’s most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

The European Court of Justice and its Critics

Constitutionalism in Asia

This book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. The Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme decision of Kesavananda Bharati v State of Kerala AIR - which held that certain core or fundamental features in the Constitution of India could not be amended by Parliament even if it met all procedural requirements - was initially rejected when it was first argued in Malaysia in the 1975 case of Loh Kooi Choon v Government of Malaysia and lay dormant for the next three decades. Judicial winds shifted in 2010 when Malaysia's apex court, the Federal Court, cited Kesavananda with approval in the case of Sivarasa Rasiah v Badan Peguam Malaysia &amp; Anor, and observed that it was 'clear from the way in which the Federal Constitution is constructed that there are certain features that constitute its basic fabric' and that 'any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.' In a quick succession of cases, the Federal Court cemented this doctrine in Malaysia's jurisprudence and deployed it to defend the court's judicial power. These widely-publicised cases generated much debate beyond the legal fraternity and judiciary and often polarised different sectors of Malaysian society. This collection of essays responds to this extremely important debate on the limits of constitutional amendments as a form of constitution-making in Malaysia by considering the theory behind the Basic Structure Doctrine and critically examining how it has been harnessed by the Federal Court and by other political actors - most notably Islamists and secularists; and royalists and republicans - on the ground.

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

Etiology, Elements, and Effects

A Natural History of Legal Argument

Learnings from Stability Theory of Complex Systems

The Resilience of Democracy

Who gets to control culture, knowledge, and innovation? From patents over Indigenous traditional knowledge to appropriation of LGBTQ+ symbols, and copyright over translated fan works, intellectual property law sits at the heart of struggles over power, identity, and belonging. Yet these intersections have too often remained underexplored in intellectual property scholarship. This book brings diverse voices to the centre of intellectual property discourse by re-reading copyright, trade marks and patents through the perspectives of historically marginalised communities, and applying interdisciplinary methodologies. It shows how these communities and perspectives can help in re-imaging creativity, innovation, and culture. Key features include: - Clear, accessible explanations of core IP concepts alongside critical analytical tools. - Interdisciplinary approaches that expose the power dynamics embedded in intellectual property. - Extensive engagement with scholarship and voices often overlooked in the field. Bold, accessible, and analytically rigorous, this book equips readers to understand IP law not only as a technical regime but as a terrain of cultural politics and social justice.

Diverse Voices in Intellectual Property Law

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

If you're a writer or other content creator, your copyrights are precious assets. The Copyright Handbook shows you how to protect and profit from your creative works and avoid infringing on anyone else's copyrights. Understanding copyright law is especially important in the age of AI-created works and the use of copyrighted works to train AI models. Find information and forms to help you: <ul> <li>learn what works copyright law does and doesn't protect</li> <li>register your work with the Copyright Office</li> <li>understand fair use</li> <li>get permission to use others' copyrighted works</li> <li>deal with infringers, online and off</li> <li>transfer ownership of a copyright, and</li> <li>profit from your copyright.</li> </ul> The 16th edition is updated with key court decisions and emerging rules in order to provide the latest guidance on registering and protecting your work. With Downloadable Forms: Essential forms and agreements including a Copyright Assignment, Work-Made-for-Hire Agreement, Collaboration Agreement, and Permission Agreement are available for download (details inside).

What Every Writer Needs to Know

The Copyright Handbook

Sustainability, Shareholder Value, and European Company Law

The Societal Company

Believe It or Not?

Credibility Assessment in Queer Asylum Cases

Available open access digitally under CC-BY-NC-ND licence. This groundbreaking volume exposes the systematic violence embedded within the UK's asylum system as experienced by unaccompanied children and young people. Drawing on innovative participatory research methodology, the authors reveal how 'hostile environment' policies create devastating 'tipping points' that transform bureaucratic processes into acts of structural violence. Through rigorous legal analysis and compelling empirical evidence, this essential text challenges readers to confront the profound human cost of hostile immigration policy while offering concrete strategies for trauma-informed reform. It is an urgent call for systemic change that will resonate with academics, policy makers and practitioners across law, social work, migration studies and human rights.

Unaccompanied Young People's Experiences of and Responses to Seeking Protection in the UK

Asylum as Violence

This book offers the first detailed study of women's legal status in early modern Liège, an otherwise largely overlooked case in European legal history. It follows women across the course of their lives, from birth to widowhood, to show how their legal position and control over property shifted over time, depending on their social status and place within the family. Drawing on a substantial body of wills and marriage contracts from notarial practice, it moves beyond traditional sources to show how the law actually worked in everyday practice, and who took part in its creation. By bringing all these elements together, this book offers a nuanced picture of how law and gender interacted in early modern Europe.

Women's Legal Status Between Customary Law, Notarial Practice and Ius Commune (16th-17th Century)

Women and the Law in Early Modern Liège

Dissensus Over Liberal Democracy

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