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Germain J: Droit comparé des finances
publiques

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Allemagne, États-Unis, France

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

ASCL Studies in Comparative Law

What happens when Western law is no longer the default referent for legal modernity? This is a deceptively simple question, but its implications are significant for such fields as comparative law, international law, and law and development. Whereas much of comparative law is predicated on the idea that modern law flows West to East and North to South, this volume proposes the paradigm of 'Inter-Asian Law' (IAL), pointing to an emerging field of comparative law that explores the legal interactions between and among Asian jurisdictions. This volume is an experimental and preliminary effort to think through other beginnings and endings for law's movement from one jurisdiction to another, laying the grounds for new interactions between legal systems. In addition to providing an analytical framework to study IAL, the volume consists of fifteen chapters written by scholars from Asia and who study Asia that provide doctrinal and empirical accounts of IAL. This title is also available as Open Access on Cambridge Core.

Inter-Asian Law

Modern Studies in European Law

Nordic Cooperation and the European Union: 50 Years of Legal Integration explores the transformation of Nordic cooperation over the past half-century, shaped by the dynamics of European integration. Initially rooted in informal, intergovernmental dialogue among Denmark, Finland, Iceland, Norway, and Sweden, Nordic cooperation now finds itself amidst deeper developments taking place in EU law and EEA law. After the Second World War, Europe embraced binding legal commitments vis-à-vis individuals and each other, beginning with human rights under the European Convention on Human Rights (ECHR), and later economic integration through the European Coal and Steel Community (ECSC) and then the European Economic Communities (EEC), which is today, the EU, and by extension, the European Economic Area (EEA). For the Nordic states, such developments have created dual loyalties: to each other, in the form of cooperation; but also, to wider Europe, in the form of integration. Given the differentiated form of legal integration with Europe in the Nordic states, and how the EU has transformed well beyond a mere form of economic integration, Nordic cooperation has taken on new meaning. Nordic Cooperation and the European Union: 50 Years of Legal Integration brings together academics, scholars, and judges to understand, elucidate, and explain the interplay of legal regimes, including the complex processes of legal systems and legal cultures adapting to each other over a time span of fifty years. It brings forth a new way of thinking about Nordic cooperation amidst wider European legal integration, adopting a comprehensive, comparative approach. It examines both the upward influence of the Nordic states on EU and EEA law, and the downward impact of EU and EEA law on the national legal orders of the Nordic states. Spanning five decades of developments, it offers a panoramic view of legal developments and anticipates the future role of Nordic cooperation when classical forms of such international cooperation are operating in parallel with EU and EEA law.

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

50 Years of Legal Integration

Nordic Cooperation and the European Union

What is the significance of sex characteristics and gender identity in public law? Why are these personal attributes important for the legal relationship between the person and public authorities? What happens when people do not conform to the assumptions about sexual anatomy and gender identity that are presupposed in the law? Gender Diversity in Public Law explores these questions through an extensive analysis of jurisdictions across Europe, Latin America, and Asia. By integrating comparative law with gender and constitutional studies, the volume examines how gender diversity is both recognized and regulated in different legal systems. This book shows that sex characteristics and gender identity are central to public law. It demonstrates that legal systems are not based solely on the existence of men and women. Instead, they rely on the presence of men, women, and nonbinary individuals, each characterized by specific physical and identity traits. When people exhibit sex characteristics and/or a gender identity that defy legal assumptions and definitions, public law intervenes and actively shapes the subjects it requires. At the same time, legal systems are gradually becoming more inclusive of gender diversity, and this book investigates how emerging models of recognition are transforming public law to recognize gender-diverse people. Gender Diversity in Public Law offers a comparative perspective on the complex relationship between gender diversity and public law, shedding light on a crucial aspect of this field-one that has remained largely understudied until now.

Between Recognition and Control

Gender Diversity in Public Law

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

Cambridge Bioethics and Law

Burdened with perennially rising costs and responsible for providing health insurance to more than one sixth of all Americans, Medicare in its original form is fiscally and demographically unsustainable. In light of dramatic reforms under the Affordable Care Act (ACA), this book provides a comprehensive overview of the current state of Medicare. Eleanor D. Kinney explains how the ACA addresses systemic problems of cost and volume inflation, quality assurance, and fraud. Recognizing the potential for more radical change in the future, Kinney also explores the potential of Medicare to become a single-payer system. Comparisons are made with national health systems in Canada and the United Kingdom, from which the United States can draw valuable lessons. An approachable yet comprehensive account of Medicare and the ACA, this book will be invaluable for health care professionals and informed citizens.

The Affordable Care Act and Medicare in Comparative Context

As artificial intelligence and big data analytics reshape economies and societies, the promise of innovation is increasingly shadowed by concerns over inclusion, equity, and global justice. This accessible, interdisciplinary volume brings together established and emerging voices from across the world to critically examine issues lying at the intersection of innovation, intellectual property, and inequality in the age of artificial intelligence and big data. Featuring empirical studies, legal analyses, policy critiques, interdisciplinary perspectives, and global insights, Inclusive Innovation in the Age of AI and Big Data underscores the tremendous impact gender, race, and other socioeconomic factors have on innovation and intellectual property ecosystems. This volume also explores structural barriers in these ecosystems, diversity initiatives in the patent area, metrics for measuring inclusivity and diversity in innovation, changes brought about by artificial intelligence and big data, and the evolution of the global innovation and intellectual property systems. In an era marked by rapid technological change, extraordinary opportunities, and deepening inequality, this volume offers carefully designed reform strategies and policy recommendations to make innovation and intellectual property ecosystems more equitable, effective, and socially responsive. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International license. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.

Inclusive Innovation in the Age of AI and Big Data

Constitutionalism in Latin America and the Caribbean

This book examines the reasoning practice of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the Inter-American Court of Human Rights.Enriched by empirical data, with which it strives to contribute to a constructive and well-informed debate, the volume analyses how Latin American courts justify their decisions.


Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases. It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most prolific in their reasoning activities.


The volume traces the features of judicial dialogue on a regional and sub-regional level and enables the evaluation and comparison of each country's reasoning culture in different epochs. The collection includes several graphs to visualise the changes and tendencies of the reasoning practices throughout time in the region, based on information gathered from the dataset.


To better understand the current functioning and the future tendencies of courts in Latin America and the Caribbean, the volume illuminates how constitutional and supreme courts have actually been making their decisions in the selected landmark cases, which could also contribute to future successful litigation strategies for both national constitutional courts and the Inter-American Court for Human Rights.


This project was made possible due to the collaboration and funding provided by the Rule of Law Programme for Latin America of the Konrad Adenauer Foundation and the Law School of the University of San Francisco de Quito.

Constitutional Reasoning in Latin America and the Caribbean

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation - Comparative Perspectives

In this book a team of expert contributors address challenging issues concerning the relationship between private law and the rule of law and human rights, with specific focus on case studies from South-Eastern Europe. The book examines the broadening application of human rights to the private law fields and the resulting effects. Contributors offer a truly interdisciplinary perspective drawn from comparative law, civil law, procedural law and public law. By so doing, for the first time, they offer insights into the fascinating questions the region poses for private law and human rights.

Comparative Perspectives from South-Eastern Europe

The European Convention on Human Rights and Private Law

'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

The first volume of a three volume series which presents a set of common foundational concepts in criminal law and criminal justice. Focusing on a comparison between Anglo-American and German concepts, doctrines, principles and structures, each chapter is includes factual scenarios which illustrate the concepts explained. Criminal law and criminal justice are becoming increasingly globalised. There is a growing desire to develop common approaches to common problems and to learn from the diversity of current practice in different countries. This development has been reinforced by the internationalisation of criminal justice in international and mixed criminal tribunals. However, attempts at trans-jurisdictional discourse are often hampered by mutual misunderstandings. Professionals and academics engaged in comparative criminal law sometimes use the same terms with different meanings or different terms which mean the same thing. If we are to overcome these obstacles, we need to engage in a multijurisdictional and comparative conceptual analysis of a kind not provided by previous comparative projects, which typically focus on specific topics or issues. This volume looks for a set of common foundational concepts that could provide the basis for productive trans-jurisdictional exchanges. It provides insight on key topics such as the offences against property, self defence, liability for attempts, cyber crime, the presumption of innocence, the role of victims, and wrongful convictions. It includes contributions from distinguished scholars with international reputations, from a diversity of backgrounds and including theoretical and normative as well as empirical focuses.

Fundamental Concepts in Criminal Law and Criminal Justice

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