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This PDF eBook is produced by a third-party. We have requested that the file be made accessible and compliant with the European Accessibility Act (EAA). However, we have not been able to fully verify

Kontakt zum Herausgeber für weitere Informationen zur Barrierefreiheit

Law and Criminology (R0)

Maartje De Visser

Ingrid Leijten

Jurgen de Poorter

Gerhard van der Schyff

Maarten Stremler

Sophie Vonk

European Yearbook of Constitutional Law 2024

Varieties of Constitutionalism

&lt;p&gt;1. Introduction: Reflections on Varieties of Constitutionalism.- 2. Classifying Varieties of Constitutionalism.- 3. Republican Constitutionalism — Freedom as Non-domination and the Democratic Challenge to Liberalism.- 4. Muddling-Through Constitutionalism in the United Kingdom: The Importance of the Relationship between the Monarch and the Prime Minister.- 5. Militant Constitutionalism — Formal Institutions and Constitutional Practices.- 6. Rights, Remedies and Paradigms of Constitutionalism — Same-sex Marriage before the Courts.- 7. Gatekeeper Constitutionalism: Exploring the Role of the Indian Judiciary in Environmental Constitutionalism and International Law Integration.- 8. Varieties of Constitutionalism and Religion: A Comparison of Greece, Israel and Lebanon.- 9. Is the &lt;em&gt;Ius Constitutionale Commune &lt;/em&gt;in Latin America Missing the Point?.&lt;/p&gt;


This book provides an insightful, thought-provoking study of one of the world's most important courts. The European Court of Justice has had a transformative effect on EU Law but this has not been without controversy. This book explores criticisms levelled against the Court, examining whether concerns over judicial activism, unconventional interpretative methods, conflicts with national courts, and over-reach are justified. Drawing on the expertise of leading commentators, it offers various perspectives from across the spectrum of EU Law. The contributions included in the volume go beyond a legal analysis seeking to provide an understanding of the political and social context in which the Court operates and the wider impact of its judgments.

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

Our oceans are suffering under the impacts of climate change. Despite the critical role that oceans play in climate regulation, international climate law and the law of the sea are developed as two different, largely separate, legal regimes. The main objective of this book is to assess how the law of the sea can be interpreted, developed and applied to support the objectives of the United Nations Climate Regime. By identifying the potential and constraints of the law of the sea regime in supporting and complementing the climate regime in the mitigation of and adaptation to climate change, this book offers a new perspective on the law of the sea and its capacity to evolve to respond to systemic challenges, and its potential to adapt and ensure a resilient and sustainable future.

Solutions and Constraints

The Law of the Sea and Climate Change

This book provides an in-depth analysis of the reintroduction and recovery of the Mexican wolf in the American Southwest, with a particular focus on the role of the Federal judiciary. Edward A. Fitzgerald contends that federal courts have played a critical role in facilitating the species' return, primarily through their interpretation of statutory law - most notably, the Endangered Species Act (ESA). The courts rejected challenges from the livestock industry, reaffirmed Federal authority over the recovery process, and struck down certain Federal regulations that hindered effective wolf management. However, Fitzgerald argues that the judiciary also made significant missteps. Federal courts upheld revised Mexican wolf management regulations and recovery plans that failed to meet the ESA's requirement to rely on the "best available science." Additionally, the courts issued inconsistent rulings concerning the construction of border barriers. While they blocked the Trump administration's unauthorized transfer of funds for wall construction, they repeatedly and erroneously upheld the Secretary of Homeland Security's waiver authority. This authority permitted border wall construction to proceed in violation of Federal, state, and local laws - actions Fitzgerald claims exceeded statutory limits and violated the nondelegation doctrine. Providing a comprehensive and detailed examination of the legal challenges surrounding the Endangered Species Act and the recovery of the Mexican gray wolf, this book will be of interest to legal scholars, policymakers, and conservation advocates.

Lobo Returns from Limbo

Mexican Gray Wolves, Courts, and the Border Wall

ASIL Studies in International Legal Theory

Over the past two centuries, the concept of human dignity has moved from the fringes to the centre of the international legal system. This book is the first detailed historical, theoretical and legal investigation of human dignity as a normative value, the intellectual sources that shaped its legal recognition, and the main legal instruments used to give it expression in international law. Ginevra Le Moli addresses the broad historical and philosophical developments relating to the legal expression of dignity and the doctrinal geography of human dignity in international law, with a focus on international humanitarian law, international human rights law and international criminal law. The book fills a major lacuna in the literature by providing a comprehensive account of dignity within international law that draws on an extensive documentary and archival basis and a vast body of decisions of international judicial and quasi-judicial bodies.

Human Dignity in International Law

The Hamlyn Lectures

Lawyers Ethics after the Post Office and Other Cases

Frail Professionalism?

Democratic Representation in International Organizations

Non-state law is playing an increasing role in both public and private ordering. Numerous organizations have emerged alongside the nation-state, each purporting to provide their members with rules and norms to govern their conduct and organize their affairs. The nation-state increasingly finds itself sandwiched, between two broad and contrasting categories of non-state law. The first - law above the state - captures legal systems that function across the territorial borders of nation-states. The second category - law below the state - includes forms of local customary, religious, and indigenous law. As these forms of non-state law persist and proliferate alongside the nation-state, the relationship between state and non-state law becomes more complex, multifaceted, and tense. This volume addresses this relationship considering whether and to what extent state and non-state law can coexist and how each form of law seeks to influence as well as transform the other.

The Challenge of Global and Local Legal Pluralism

Negotiating State and Non-State Law

Studies in International Trade and Investment Law

Geographical Indications (GIs), widely used in the European context, are being promoted as vehicles for local development: but do they truly serve the interests of the Global South? Can they foster meaningful change in former colonial societies? This open access book interrogates these questions through a critical legal lens grounded in Third World Approaches to International Law (TWAIL), to assess whether GIs-codified in international trade agreements like the EU-CARIFORUM Economic Partnership Agreement-can support 'development from within' for the small island developing states of the Caribbean. Providing a fresh perspective on the colonial roots, current utility, and future potential of GI laws, the book engages with Caribbean realities and includes global case studies from Demerara rum in Guyana, Ethiopian coffee, Indian Darjeeling tea, Colombian coffee, Mexican Tequila, and Barbados Rum. In a world shaped by international trade rules, GIs and Sustainable Development offer a powerful lens into how the law of origin-linked products-like Champagne, Tequila, and Jamaican Rum-can shape futures for postcolonial states. Geographical Indications in International Trade is essential reading for academics, policymakers, legal practitioners, and development professionals seeking to understand the tensions between intellectual property law and sustainable development. It challenges readers to rethink international trade rules and consider how GI law can be reclaimed by third-world nations as a transformative tool for heritage-based, sustainable economic development. 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 UKRI.

Towards Sustainable Development in the Caribbean

Geographical Indications in International Trade

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 the executive, Parliament's 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

Cambridge Studies in European Law and Policy

Social media giants like Meta and transnational regulators such as the European Union are transforming private governance by creatively emulating public law frameworks. Drawing on exclusive interviews and in-depth analysis of Meta's Oversight Board and the EU's Digital Services Act, this book explores how these approaches blend European and American perspectives, bridging distinct legal traditions to address the challenges of platform governance. Analysis of content moderation practices and their implications uncovers a critical pattern in the evolution of governance for industries that will define the future, from digital platforms to emerging technologies. Combining public and private law in innovative ways, the book sheds light on bold governance experiments that will shape the digital world-for better or worse. This study offers crucial insights for understanding the next chapter of global governance in an increasingly interconnected and privatized world. This title is also available as Open Access on Cambridge Core.

The Oversight Board, the Digital Services Act, and the Struggle for Platform Accountability

Governance by Emulation

Cambridge Studies in Constitutional Law

This book offers one of the rare empirical studies on the different meanings of proportionality as part of a global constitutional discourse. It develops and applies a theoretically informed comparative methodology for the study of differences in the use of legal transfers. Beyond the transplant versus culture controversy, it enriches our understanding of the relationship between law and its social context. Beyond the common law and civil law cleavage, it provides an in-depth comparison of French, English and Greek judicial review, rendering some core features of these systems accessible to non-initiated readers. The last part of the book provides insights as to the different visions of Europe underlying different phases of European integration and thus enriches our understanding of the process of integration through law.

Local Meanings of Proportionality

Ius Gentium: Comparative Perspectives on Law and Justice

This edited volume represents a significant contribution to the academic discourse on the role of good faith in constitutional law. By assembling scholars from various countries who explore different aspects of the subject, the book provides a comprehensive comparative and constitutional theory analysis explaining the idea of good faith in constitutional law. The book consists of three main parts, preceded by an introductory and methodological chapter that outlines the research problem and initial findings.
The first part examines the origins of good faith in public law and its historical sources. This section introduces the reader to the idea of good faith in jurisprudence and legal tradition and its current application in public law, which includes constitutional law. This part focusses on three key points of reference: international treaty law, where good faith governs the formation and performance of international agreements; EU law, where good faith or "loyal cooperation" shapes the relationship between member states and EU institutions; and the Council of Europe's human rights system, in particular the European Court of Human Rights, where good faith considerations appear in assessing the compatibility of state action with fundamental rights. This section therefore provides a basic background for understanding constitutional good faith. The second part explores constitutional good faith in selected legal systems. The choice of jurisdictions for comparative analysis is not accidental. First, it includes countries where good faith is explicitly enshrined in constitutional provisions, and thus is a normative concept with a well-defined meaning. Second, it includes countries where good faith appears in constitutional jurisprudence or academic debate. The last part analyzes good faith through the lens of constitutional theory, focusing on key areas relevant to the interpretation and application of constitutional law, in particular the theory of constitutional interpretation, the principle of separation of powers, including the vertical division of powers and the judiciary, as well as the relationships between the state and individuals.
The book is being prepared with funds from the National Science Center in Poland for the project "Good Faith in Constitutional Law" (project no. 2020/39/B/HS5/02298).

Gleams of Good Faith in Constitutional Law

European Yearbook of Constitutional Law 2024

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