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Kozlowski T: A Proactive Practitioner's
Guide to Section 11(b) of the Charter

A Proactive Practitioner's Guide to Section 11(b) of the Charter

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.

Enforcing Founding Values Against Member States

The Diagonality Problem of European Constitutionalism

This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 - the Pentonville Five - for defying the Court's orders, strikes erupted and the docks closed. With the country's food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found? This is a revelatory account of the National Industrial Relations Court's defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing - in Donaldson's own words - 'rather peculiar things'.

'Rather Peculiar Things'

Law and Politics at the National Industrial Relations Court 1970-75

Modern Studies in European Law

This book argues that the European Convention of Human Rights enshrines a right to freedom from violence, obliging states to anticipate and address risks of serious violence in all forms. It shows how that obligation has two elements. Firstly, states must respond to specific threats. Secondly, they must implement systemic measures to address more general risks of violence. It goes on to show how jurisprudence in the field has developed this flexible and comprehensive model, addressing the particular challenges violence presents. This new understanding, expertly set out in this study, provides a coherent framework for considering both existing controversies and future developments.

The ECHR Obligation to Avert Risks of Violence

Key Ideas in Law

This book provides an account of the most important and controversial aspects of the principle of legality in the United Kingdom. The principle of legality describes a method of statutory interpretation that empowers courts to prevent fundamental common law values from being overridden by unclear legislation. However, it makes more sense to think of multiple principles of legality, rather than a single concept. The book provides a fresh and detailed perspective on a controversial aspect of the common law. It will be useful for students of law and politics, legal practitioners and scholars. It explores the many complexities surrounding the historical origins, fields of application, mode of operation, and subject matter of the principle of legality. Despite its long history, the term 'principle of legality' only began to be used in public law cases towards the end of the twentieth century. More recently, judicial references to the principle of legality in high profile constitutional law cases have fuelled broader concerns about judicial overreach. The book argues that these concerns are unfounded, and deeper principles of legality are required.

Key Ideas in Law: The Principle of Legality

Everything you ever wanted to know about the law, but couldn't afford to ask Written by Nolo's expert team of attorneys, this book answers more than 1,000 of the most frequently asked questions about everyday legal issues, including: <ul> <li>homebuying and selling</li> <li>neighbor disputes</li> <li>tenant rights</li> <li>workplace rights</li> <li>small businesses</li> <li>patents, copyrights, and trademarks</li> <li>credit, debt, and bankruptcy</li> <li>traffic accidents</li> <li>wills and trusts</li> <li>elder care</li> <li>marriage and divorce </li> <li>child custody and support</li> <li>domestic violence</li> <li>small claims court, and</li> <li>criminal law and procedure</li> </ul> The 13th edition is completely updated to provide current and accurate information on all of the legal subjects covered in the book. It also includes a glossary of legal terms and an appendix with detailed instructions on how to do your own legal research. Nolo editors each focus on specific areas of the law, such as estate planning, family law, employment law, real estate, criminal law, and business. They specialize in writing and editing plain-English do-it-yourself legal articles and books for consumers.

Answers to Your Most Frequently Asked Legal Questions

Nolo's Encyclopedia of Everyday Law

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

Routledge Research in Asylum, Migration and Refugee Law

The Refugee Convention of 1951 did not categorically provide for the socio-economic rights of asylum seekers. While the United Nations High Commissioner for Refugees Executive Committee has subsequently attempted to address these shortcomings, they have not categorically stated whether those seeking asylum still enjoy socio-economic rights recognised under human rights treaties provisions. This book explores the tensions between seemingly universal socio-economic rights and the justification or legitimisation of differences in meeting these rights between citizens and those claiming asylum. The book provides an examination of the normative content of a number of core socio-economic rights for asylum seekers, in particular the right to food, water and shelter, right to health and the right to a decent standard of living. The book analyses the socio-economic rights of asylum seekers under internationalised legal mechanisms including the UN system of human rights protection, the European Union, and the Council of Europe. It questions the legitimacy of differentiation towards the socio-economic of asylum seekers that has been adopted by many states, and presents a persuasive argument as to the inclusivity of socio-economic rights for asylum seekers, while recognising the limits of human rights in this regard.

The Socio-Economic Rights of Asylum Seekers

Market Abuse, Insider Dealing and Financial Crime

The Rule of Law in Context

Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action

The Rule of Law in Russia

Choosing tenants, raising the rent, returning deposits, and maintaining rental property--these are just a few of the things landlords do that are strictly regulated by California law. To avoid problems and hefty legal fees, rental property owners and managers need to know and comply with federal, state, and local rules, and use the proper legal forms. Fortunately, everything you need is in this book. Rent control and eviction protections are blossoming throughout California; alongside statewide protections, even small municipalities are enacting local ordinances that affect rent, terminations, and notices. This book contains a unique rent control chart that explains key provisions and gives information on how to learn more. No California landlord can afford to do business without checking for local ordinances and following them.

Rights & Responsibilities

The California Landlord's Law Book

AfLR, a publication of Fordham University Press, is a peer-reviewed journal dedicated to high-quality scholarship on African law, governance and justice. We publish original research, critical essays, and policy-facing analysis that advances scholarly debate and practical understandings of law across the continent. Our aim is to amplify diverse voices, promote interdisciplinary approaches, and foster dialogue between academics, practitioners and policymakers.Distinctive in its direct connection to the African legal community, the Afrika Law Review amplifies African voices and perspectives while engaging with global legal discourse. It is the only African law journal based in the United States, uniquely positioned to bridge scholarship between Africa and the wider world.We publish high-quality articles across a broad spectrum of legal disciplines, welcoming contributions from distinguished scholars, judges, practitioners, policymakers, and outstanding students.

Afrika Law Review: Volume 1

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

A Proactive Practitioner's Guide to Section 11(b) of the Charter

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