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Germain J: Droit comparé des finances
publiques

Droit comparé des finances publiques

Allemagne, États-Unis, France

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

Essays in Honour of Simon Whittaker

Comparative Reflections in Private Law

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

African Women in Law is the first empirical study to offer a comprehensive and contextually rich portrait of African women in the legal profession. Drawing on 153 interviews across six countries, 249 survey responses from 21 countries, and secondary literature from 15 countries, this groundbreaking book explores the representation of women in the bar, bench, and legal academia. It traces historical developments, examines current realities, and sets the stage for future research. Introducing the HISP framework-History, Institutions, Social (norms), and Position(ality)-the book analyzes how structural forces shape women's roles in law. Through original concepts such as exclusion versus accommodation, racehorses versus workhorses, and the women's other-bar and other-bench, it challenges conventional narratives and highlights the diverse experiences of African women in law. The volume also builds on matri-legal feminist theory to offer a fresh lens for understanding gender and justice in African contexts. Rejecting essentialist approaches, the book argues that there is no single narrative of the lived experiences of African women in law. Instead, it reveals how women have emerged from the margins of a male-dominated field to assume leadership roles, often through innovative strategies that overcome systemic barriers. As the first comparative study of its kind, African Women in Law establishes a vital foundation for future scholarship and inspires new questions, methods, and theories for exploring law, gender, and governance across the continent.

A Comparative Perspective

African Women in Law

The Future of Private Law

This seminal book develops a new perspective on the debate concerning the Europeanisation of private law.


The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines 'good' Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning. 

The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made.

This is a fascinating intervention in the field of European private law by one of its leading authorities.

Towards a Dynamic Europeanisation of Private Law

Free Movement of Legal Ideas

This book argues that, beyond the apparent fracture between humans and Nature that defines the Anthropocene crisis, there exists a shared cultural foundation in legal traditions, converging on the recognition of the intrinsic value of Nature and of the ecosystem interconnections between human and non-human life. The legal innovations explored here-particularly from Latin America- embody a holistic, integrated view coherent with the ecosystem approach. It is proposed that these ideas offer potential not only within their own legal systems but also as models for Western legal frameworks. Divided into five parts, the book maintains a balance between theoretical and empirical, combining foundational legal and philosophical discussions with practical case studies and applications. Part I establishes the theoretical foundation, setting the conceptual framework of the volume. Part II builds on this by addressing the methodological implications and laying the groundwork for a transition from anthropocentric to ecocentric governance. The third and fourth parts bridge theory with practice, exploring participatory tools, bottom-up initiatives, and challenges to traditional environmental law, illustrating how theoretical advancements are applied in specific legal and policy contexts. The fifth part focuses on jurisprudence and the role of the judiciary, providing an empirical analysis of how legal principles are interpreted and enforced in judicial settings. This progression ensures that the book effectively integrates theory with empirical research, underscoring its interdisciplinary and practical significance. The volume will be of interest to those working in the areas of Legal Philosophy, Environmental Law, Constitutional Law, Comparative Law, Human Rights, Anthropology and Environmental Studies.

Modelling a Transcultural Eco-Legal Framework across Europe and Latin America

Law, Nature and the Ecosystem Approach

'This new edition tells you all you need to know about how construction defects in homes occur, how they might be prevented, and how they might be cured.' &gt;The first edition of Residential Construction Law in 2021 offered the only systematic and analytical overview of the legal framework for residential construction. Since then, there have been significant legislative and caselaw developments across the UK, Aotearoa New Zealand, Australia and Ireland. In this second edition, the authors and their team of specialist contributors have completely revised the content, taking these changes into account. This new edition refers to more than 350 new cases, along with ground-breaking reforms like the UK's Building Safety Act 2022 and lessons from the September 2024 Phase 2 report of the Grenfell Tower Inquiry. The book also anticipates planned reforms, including sweeping changes in several Australian states. &gt;Accompanying online resources for this title can be found at bloomsbury.pub/residential-construction-law

The Uk, Ireland, Australia and New Zealand

Residential Construction Law

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

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.

Provides an exciting new statement on how best to understand the current constitutional crisis faced by the EU by drawing on comparative federalism.

The Diagonality Problem of the EU Rule of Law

Fundamentals, Civil Justice and Process

Contemporary Chinese Law and Legal System

Fifty years after Alan Watson's Legal Transplants: An Approach to Comparative Law, the concept of legal transplants remains central to comparative legal scholarship. Over time, the literature has expanded to explore how laws are drafted, interpreted, and understood across jurisdictions-revealing legal transplants as a complex and multifaceted phenomenon. This book offers a nuanced and balanced analysis of the evolution of legal transplants, engaging with both foundational texts and recent developments. It goes beyond traditional legal discourse to incorporate insights from other disciplines, including policy studies, cultural transfer, entangled history, and the diffusion of ideas. By doing so, it broadens the scope of the debate and encourages a more interdisciplinary approach to understanding how legal norms travel and take root. Importantly, the book makes a strong case for the continued relevance and effectiveness of legal transplants in modern lawmaking. While acknowledging valid criticisms, it challenges the notion that such concerns should lead to legal isolationism. Instead, it argues that legal transplants are not only common but often successful-and should remain a key tool for lawmakers seeking to innovate and reform.

An Interdisciplinary Approach

Legal Transplants

Boundaries in Context

Asia-Pacific Trusts Law, Volume 3

Droit comparé des finances publiques

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