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Laurent Pech: EU Rule of Law Casebook

EU Rule of Law Casebook

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

Code of Federal Regulations, Title 12 Banks and Banking

Presents regulations governing banking procedures and activities of the Comptroller of the Currency, the Federal Reserve System, the Federal Deposit Insurance Corporation, the Export-Import Bank, Office of Thrift Supervision, Farm Credit Administration, and the National Credit Union Administration.

Code of Federal Regulations, Title 12 Banks and Banking 1-199, Revised as of January 1, 2025

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

Code of Federal Regulations, Title 10 Energy

A compilation of federal regulations, the Code of Federal Regulations (CFRs) are an authoritative source of government information representing broad subject areas.

Code of Federal Regulations, Title 10 Energy 1-50, Revised as of January 1, 2025

This open access book presents an all-encompassing way to understand lobbying: the 'Diversion Guide'. This shows that lobbying is problematic when institutions are diverted from acting in the public interest. It reveals why diversions happen, how they are linked together, and what can be done to prevent them. The reader can use the 'Diversion Guide' to identify any problem about lobbying, and test when an officeholder has been diverted from acting in the public interest. The book examines how lobbying can encourage citizen participation and lead to informed law and policy, but is not always fair. It considers the way in which wealthy and influential people can gain greater access to the United Kingdom's political system than most to shape the laws that govern everyone. Scandals are often reported in the media surrounding unequal access, corruption, the revolving door, and more. Unchecked, such lobbying corrodes trust in public institutions. It is vital that the problems surrounding lobbying are clearly understood to avoid a system of weak regulations and to ensure that better regulations are created to restore public trust in politics. The 'Diversion Guide' can be used to this end. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Hamad bin Khalifa University.

This book presents an all-encompassing way to understand lobbying: the ‘Diversion Guide’. This shows that lobbying is problematic when institutions are diverted from acting in the public interest.  It reveals why diversions happen, how they are linked together, and what can be done to prevent them. The reader can use the ‘Diversion Guide’ to identify any problem about lobbying, and test when an officeholder has been diverted from acting in the public interest. 

The book examines how lobbying can encourage citizen participation and lead to informed law and policy, but is not always fair. It considers the way in which wealthy and influential people can gain greater access to the United Kingdom’s political system than most to shape the laws that govern everyone. Scandals are often reported in the media surrounding unequal access, corruption, the revolving door, and more. Unchecked, such lobbying corrodes trust in public institutions. 

It is vital that the problems surrounding lobbying are clearly understood to avoid a system of weak regulations  and to ensure that better regulations are created to restore public trust in politics. The ‘Diversion Guide’ can be used to this end.

An Institutional Diversion Framework

Lobbying, Democracy and Public Trust

This volume explores the state of representative democracy on the global stage. It does this against the backdrop of crises such as the USA Capitol attack on 6 January 2021, recent refusals to accept election results in various countries, and attempts to restrict the voting franchise, as well as longer-term trends such as the rise of populism and declining trust in political elites. The first substantive chapter examines representative democracy in theory, history and practice today. Taking the representative model as their point of departure, the subsequent chapters explore a range of themes in relation to this model. The contributions include timely reappraisals of democracy in countries, such as the UK and USA, with old, well-established democratic structures, as well as analyses of the state of democracy in regions such as Africa, Asia and South America, where democracy has had a more chequered history. Across all of its chapters, the book invites readers to rethink fundamental questions about representative democracy: Why is it valuable? How should it be organised? Do steps need to be taken to strengthen representative democracy, and if so, what are those steps? The volume's target audience - politicians, public servants and interested members of the public - are provided with arguments and evidence to form their own views at a time when the ideals and practices of representative democracy are being challenged around the world, and new ideas and initiatives to revitalise it are being debated and implemented.

The Putney Debates 2023

Democracy in Crisis?

Modern Studies in European 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.

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

Code of Federal Regulations, Title 50 Wildlife and Fisheries

Title 50 presents regulations governing the taking, possession, transportation, sale, purchase, barter, exportation and importation of wildlife and plants; wildlife refuges; wildlife research; fisheries conservation areas; fish and wildlife restoration; marine mammals; whaling; fisheries; tuna fisheries; and international fishing. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.

Code of Federal Regulations, Title 50 Wildlife and Fisheries 17.95(b), Revised as of October 1, 2025

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

Code of Federal Regulations, Title 33 Navigation and Navigable Waters

A compilation of federal regulations, the Code of Federal Regulations (CFRs) are an authoritative source of government information representing broad subject areas

Code of Federal Regulations, Title 33 Navigation and Navigable Waters 125-199, Revised as of July 1, 2025

Hart Studies in Comparative Public Law

Theory, Practice and Problems

Automation in Governance

Examines whether the rule of law can endure without its natural law and metaphysical foundations, arguing for a renewed, human-centered legal order grounded in objective moral principles and capable of addressing contemporary challenges such as AI, technocracy, and decolonization.
This provocative interdisciplinary volume addresses a mounting global crisis: the erosion of the rule of law in an increasingly secular and technological world. As societies move into what the authors call the "fourth era" of legal history, the rule of law is frequently reduced to a mere "toolkit" for elites or a "checklist" for bureaucratic efficiency, stripped of its deeper moral and transcendent roots. The book explores a vital question: can legal systems remain just when they are "truncated of transcendence" and disconnected from a higher moral order? By sifting through the legacies of legal giants like Lon Fuller and theologians like Karl Barth, the contributors argue that a purely procedural "inner morality" is insufficient to protect human dignity against authoritarian relapses or the cold logic of "technocratisation." 
Central to the book's unique vision is a multivalent, pluralistic re-envisioning of global norms. Drawing on the Christian philosophy of Herman Dooyeweerd, specifically his concept of "sphere sovereignty," the authors propose a framework where diverse religious and secular traditions can collaborate without sacrificing their distinct identities. This approach offers a powerful way to decolonize the rule of law, moving away from "one-size-fits-all" Western impositions toward a culturally sensitive synthesis of universal principles and local traditions. 
The text also tackles the controversial relationship between Natural Law and the 10 Commandments, debating whether positive laws should be grounded in "naturally knowable" truths or specific religious revelations in a pluralistic state. 
Looking toward the future, the authors issue a stark warning against the rise of Generative AI (GenAI) in legal adjudication. They argue that replacing human value judgments with machine-driven algorithms threatens to eliminate the discretion and relational interaction essential to true justice. To counter this, the book calls for educational reform and a shift toward "principled legal education" that prioritizes ethics, restorative justice, and a "facts first" approach. Ultimately, this work is a call to action for legal professionals, theologians, and the public to reclaim law as a framework for human flourishing-a "language of love" between the divine and the human that protects the vulnerable from the arbitrary exercise of power.

Reclaiming Justice Through Natural Law

The Rule of Law, Human Dignity and the Future of Democracy

EU Rule of Law Casebook

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