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Comparative Law in Asia

Essays in Honour of Andrew Harding

Hart Studies in Constitutional Theory

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

Hart Studies in Constitutional Law

This book provides the most complete history of the Regency Acts and Counsellors of State ever undertaken. Using documents from the National Archives, the book outlines why the position was created in the early 20th century, how the question of a regency and Counsellors of State became entangled with the abdication of Edward VIII, and how the position became a crucial feature of the reign of Elizabeth II. Counsellors of State were a little-known part of the constitutional monarchy. Yet, recently, the role has attracted public scrutiny as Princes Harry and Andrew remain Counsellors despite their withdrawal from public life. Counsellors can deputise for the monarch when they are overseas or unwell, ensuring that the monarchy can continue to fulfil its constitutional functions. The book explains the role of Counsellors and the legal and practical problems surrounding their functions. It also discusses the problems with how the Regency Acts provide for a regent. The reign of Charles III raises important questions both for the present and the future. The King is known to favour a "slimmed down", more flexible, modern monarchy. Reforming the positions of Counsellors of State and regent could be part of this. Should the position be used to smooth the transition to William V? Should the British monarchy follow examples from other monarchies in Europe and allow a monarch to retire with the heir to the throne acting as regent? The book concludes with suggested reforms to ensure that the modern monarchy continues to fulfil its constitutional duties.

Regency, Counsellors of State, and the Future of the Modern Monarchy

Oñati International Series in Law and Society

This book brings together theoretical and empirical research, as well as interdisciplinary and comparative studies with the aim to direct the contemporary debates within the field of ombud scholarship. Most countries have public ombud institutions that are supposed to function as mechanisms of dispute resolution outside courts for citizens seeking redress for complaints against public bodies. While research on these oversight bodies has long focused on legal aspects, since the last decade scholars have increasingly become interested in historical, political and social aspects. This book makes a contribution in this multi-disciplinary field by filling two key gaps in the literature: the first part showcases recent empirical research, the second part covers critical analytical approaches. Taken together, this volume promotes a social science oriented understanding of ombud institutions as embedded in specific social contexts, which are formed by societal forces while also contributing to the shaping of modern societies. Critical examination of how and under which conditions ombuds operate enables us to identify blind spots in both the literature and practice. On the basis of case studies from different world regions, including Austria, Australia, Colombia, France, Germany, Ireland, Netherlands, Spain, Turkey, the UK and the USA, investigated from various disciplinary perspectives, the contributions develop the field of ombud research further. Its contents and accessible style make the book relevant for anyone interested in ombud and oversight institutions: academics, researchers, students, and practitioners alike.

Empirical and Critical Perspectives

New Directions in Ombud Research

Modern Studies in European Law

This book explores what judges do and how they perceive their roles in the context of growing dissensus over liberal democracy. Focusing on the European landscape, it asks eighteen judges how they perceive their roles when judicial independence and democracy are under pressure. The book features interviews with judges from various EU and non-EU Member States and courts, complemented by a series of academic commentaries discussing the relationship between law and politics in times of dissensus over liberal democracy. Each narrative reveals unique personal experiences and reflections, shedding light on the role of the judiciary and the rule of law in the face of contemporary challenges. While the book engages with these issues through European narratives, its findings contribute to broader debates beyond Europe and the EU.

Insights from European Judges

Dissensus over Liberal Democracy

Parliamentary Democracy in Europe

A Constitutional and Comparative Analysis

The Spitzenkandidaten Procedure and the EU’s System of Government

This book presents a critical, in-depth analysis of the changes taking place in the governance of charities and charity law in Australia, New Zealand, and England. Delving into the transformative journey of charity law, the book reveals its dramatic shift from traditional private law regulation, governed by the courts and trust law, to an advanced, regulatory framework. This pivot is not just a legal transition; it reflects the core tension within charity itself - the balancing act between private initiative and public good. Featuring contributions from both renowned and up-and-coming international charity law scholars, this book stands out for its comprehensive coverage. Each chapter delves into the nuanced, complex issues arising from the modernisation of charity law, providing a rich, insightful exploration of the concept of 'charity' as it straddles the realms of legal theory and state-regulated practice.

Private Purpose, Public Benefit, and the Regulatory Strategy

Charity Law and Governance

This book fills a gap in the existing literature by providing a thorough assessment of EU regulations as a source of secondary legislation and their application in all twenty-seven Member States. It also explores that application in neighbouring countries. EU regulations are perceived as the strongest and the most effective sources of EU secondary legislation and it is well-established by the Court of Justice of the European Union that their provisions have vertical and horizontal direct effect. Part 1 of this book examines these points, providing a backdrop to the analysis in the remaining chapters. Parts 2 and 3 focus on the national reception of EU regulations in Member States, and in selected neighbouring jurisdictions. Written by leading practitioners and academics, the book offers both a conceptual underpinning to this element of the European Union's law-making, as well as its practical application.

Legislative and Judicial Approaches

EU Regulations in Practice

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

Constitutional Systems of the World

Following the successful formula of the series, this book offers an introductory but authoritative overview to the Constitution of Bangladesh. It looks at the shape and working of the Constitution, while introducing the reader to it key stakeholders. It sets out the features unique to the Bangladeshi situation and the specific challenges that rise. With the opening key words and end of chapter further reading recommendations, this is the ideal starting point for students if this fascinating state and its governing framework.

A Contextual Analysis

The Constitution of Bangladesh

This book explores the historical, comparative and global dimensions of the constitutional phenomenon. From the origins of constitutionalism to the diverse trajectories of North American and European constitutionalism, the book considers pivotal moments in the emergence and evolution of formal Constitutions as the main structure of constitutional governance. It presents a critical inquiry into the realities that lie beneath the surface of formal constitutional documents. From the struggles for democratic governance in Latin America to Asia's delicate balance between tradition and modernity and Africa's post-colonial arrangements, the book poses a critical query: amidst the promises of democratic ideals, do formal Constitutions always translate into effective governance? What are the lessons of 'facade' Constitutions on the tension between formal documents and the realities of governance? The book explores the past and present of constitutional governance in the first quarter of the 21st century and offers insights on the future of constitutionalism. By assessing the normative quality of Constitutions and exploring the intrinsic link between them and representation, it offers an understanding of the essence and trajectories of constitutional thought and practice. The Rise of Constitutionalism is a must-read for anyone fascinated by the enduring legacy and evolving nature of the constitutional phenomenon.

A Global Perspective

The Rise of Constitutionalism

Lost Childhoods

Protecting Children Under the Online Safety ACT

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.

An Institutional Diversion Framework

Lobbying, Democracy and Public Trust

Comparative Law in Asia

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