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John R Vile: Encyclopedia of
Constitutional Amendments, Proposed Ame

Encyclopedia of Constitutional Amendments, Proposed Amendments, and Amending Issues, 1789-2023

An expert companion to the political and legal issues that led to Brexit, the challenges the UK now faces, possible outcomes of the negotiations, and the implications for the future of the UK and EU.

On 23 June 2016 voters in the United Kingdom voted unexpectedly in favour of departure from the European Union. The United Kingdom left the European Union on 31 January 2020. This book explains these two events, how led to the other, and what may now follow.

Brexit was not inevitable. There may well have not been a referendum in 2016 or at all. The result of the referendum could have gone the other way. The government may have made the exit notification on another date. The European Union and the United Kingdom could have approached the negotiations and withdrawal agreement in other ways. The departure may have been without a deal as early as March 2019 or postponed indefinitely. There was even, at times, the prospect of a further referendum where the Brexit mandate could have perhaps been reversed. It all could have been very different.

The way Brexit did happen was the result of a sequence of events and non-events, any of which could have gone differently. It also took place at a time of significant changes in media and social media, and also in domestic and international politics, all of which shaped the course and manner of the departure. Brexit may not have been inevitable but if Brexit had not happened between 2016 and 2020, it is possible the question of the United Kingdom's place in the European Union could have been forced in other ways.

Brexit also happened against the background of longer-term trends in politics and constitutional arrangements in the UK. Support for membership among mainstream politicians had been wide for fifty years but that consensus turned out to be shallow. The structural changes brought by the Good Friday Agreement of 1998 confined the actions of politicians twenty years later.

On Brexit sets out, in a sequence of interlinked essays, why and how Brexit turned out the way it did and not otherwise, and the text emphasises matters of law, policy and process as much as the course of political events. Brexit cannot be explained by structural and procedural matters but it cannot be fully explained just by politics either. On Brexit also sets out the political, media and constitutional contexts in which Brexit can be better understood.

By understanding how Brexit has so far taken the form it has, one is in a better position for understanding what will happen next, as the United Kingdom and the European negotiate their longer-term relationship.

This book was originally to be published as Brexit: what everyone needs to know

On Brexit

Oxford Constitutional Theory

Towards Sentience-Based Constitutionalism

Animals and the Constitution

Oxford Comparative Constitutionalism

A comparative study of the United States, India, and Hong Kong, this book explores how courts often use LGBTQ+ rights to demonstrate their rhetorical commitment to liberal and global constitutionalism, even as their judgments fall short of, or even undermine, those ideals.

Courts and LGBTQ+ Rights in an Age of Judicial Retrenchment

This book provides a detailed analysis of private-public arbitrations and their constitutional ramifications. Across twenty chapters and almost fourty jurisdictions, it evaluates how domestic legal systems safeguard public interest in arbitration, addressing concerns related to democracy, rule of law, and fundamental rights

The Comparative Constitutional Foundations of Private-Public Arbitration

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.

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.

A Comparative Perspective

The Diagonality Problem of the EU Rule of Law

International Migration of Children for a Better Life advocates for children's right to escape life-threatening circumstances through international migration. Presenting a child-centered perspective on perennial issues in immigration law and political theory, the book is a must read for legal academics, political philosophers, practitioners, and policy experts alike.

International Migration of Children for a Better Life advocates for children's right to escape life-threatening circumstances through international migration. Presenting a child-centered perspective on perennial issues in immigration law and political theory, the book is a must read for legal academics, political philosophers, practitioners, and policy experts alike.

Human Rights, State Power, and Nations' Duties

International Migration of Children for a Better Life

Modern Studies in European Law

"Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. This important work illustrates how different branches of government co-determine each others' powers"--

The Dynamics of Powers in the European Union

Elements in the Philosophy of Immanuel Kant

This Element discusses Kant's Doctrine of Right and argues that Kant's claim of rightful relations between humans requires a civil legal condition. It argues two legal positivisms mislead modern readers. Instead, it shows Kant's postulate of public rights is the foundation of a non-positivist legal theory, crucial to modern legal philosophy.

This Element discusses Kant's Doctrine of Right and argues that Kant's claim of rightful relations between humans requires a civil legal condition. It argues two legal positivisms mislead modern readers. Instead, it shows Kant's postulate of public rights is the foundation of a non-positivist legal theory, crucial to modern legal philosophy.

The Postulate of Public Right

Great Debates in Law

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

About the Great Debates in Law Series:
The Great Debates series is designed to provide engaging and accessible analysis of the more advanced legal concepts. For books in the major taught subjects, such as Public Law, the series is designed for use by ambitious students alongside a main course textbook. For books addressing subjects that are less often taught (e.g. Family Law), the series provides a clear and critical exposition of the key areas of debate. By focussing on particular questions and tensions underlying a subject, Great Debates titles encourage students to think critically, analyse a topic and gain additional insights. These skills and the discursive nature of the series, with an emphasis on contentious topics, are also useful for students when preparing their dissertations.

About Great Debates in Public Law:
There are plenty of core textbooks dealing with Public Law, however few books attempt to draw out the contextual and critical aspects of this topic and there is an absence of critical texts designed for law students. The main textbooks approach the law in a more doctrinal way, whilst Great Debates in Public Law focus on particular questions and encourage students to think critically. This new title will discuss key debates associated with Brexit and the UK Constitution such as Does the UK Constitution enable the Government properly to be held to account? and Should the royal prerogative be abolished? It will also include expert views, end-of-chapter conclusions and suggested further reading at the end of each chapter, in keeping with other Great Debates books.

Great Debates in Public Law

The First Decade of an Intermediate Appellate Court

The Irish Court of Appeal

Hart Studies in Constitutional Law

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament's authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament's legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament's legal position. It proposes a novel conception of Parliament's power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament's law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by both its internal procedures and the devolved legislatures.

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament’s authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament’s legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament’s legal position. It proposes a novel conception of Parliament’s power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament’s law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by the executive, Parliament’s internal procedures and the devolved legislatures.

A Sceptical Restatement

Parliamentary Sovereignty

Pepin-Neff coins the term 'Tolerable Inequality' to examine the ways in which politicians and political actors use the policy process as a tool to make inequality acceptable as a way of keeping power and avoiding penalties.

Pepin-Neff coins the term ‘Tolerable Inequality’ to examine the ways in which politicians and political actors use the policy process as a tool to make inequality acceptable as a way of keeping power and avoiding penalties.

Understanding Public Policy and LGBTQ+ Politics

Tolerable Inequality

Encyclopedia of Constitutional Amendments, Proposed Amendments, and ...

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