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Ochoa J: DESDE EL EPICENTRO

DESDE EL EPICENTRO

CRONICAS DEL PODER SIN LIMITES

Hart Studies in Security and Justice

Juridifying Security

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

Learnings from Stability Theory of Complex Systems

The Resilience of Democracy

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

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

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

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

Das Streben nach Freiheit für Palästina

Unbroken

The Rule of Law in Context

This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, 'the rule of law' in Australia. It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law. It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced. With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia's rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government's response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government's 'Robodebt' inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.

Living in the Long Shadow of Colonialism

The Rule of Law in Australia

Constitutionalism in Asia

This book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. The Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme decision of Kesavananda Bharati v State of Kerala AIR - which held that certain core or fundamental features in the Constitution of India could not be amended by Parliament even if it met all procedural requirements - was initially rejected when it was first argued in Malaysia in the 1975 case of Loh Kooi Choon v Government of Malaysia and lay dormant for the next three decades. Judicial winds shifted in 2010 when Malaysia's apex court, the Federal Court, cited Kesavananda with approval in the case of Sivarasa Rasiah v Badan Peguam Malaysia &amp; Anor, and observed that it was 'clear from the way in which the Federal Constitution is constructed that there are certain features that constitute its basic fabric' and that 'any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.' In a quick succession of cases, the Federal Court cemented this doctrine in Malaysia's jurisprudence and deployed it to defend the court's judicial power. These widely-publicised cases generated much debate beyond the legal fraternity and judiciary and often polarised different sectors of Malaysian society. This collection of essays responds to this extremely important debate on the limits of constitutional amendments as a form of constitution-making in Malaysia by considering the theory behind the Basic Structure Doctrine and critically examining how it has been harnessed by the Federal Court and by other political actors - most notably Islamists and secularists; and royalists and republicans - on the ground.

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

DESDE EL EPICENTRO

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