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Germain J: Droit comparé des finances
publiques

Droit comparé des finances publiques

Allemagne, États-Unis, France

Hart Studies in Comparative Public Law

This open access book offers an in-depth understanding of the challenges, dilemmas and strategies of reinstating the rule of law after the dismantling of a constitutional order. Drawing on the case of Poland's democratic transition back to the rule of law, the volume explores the uncharted territory of restoring independent institutions within an EU Member State. After eight years of autocratic interference with the judiciary, media and state institutions, the Parliamentary elections of October 2023 mark a turning point for Poland. The new government now faces the complex challenge of restoring the rule of law, with European and international law playing a pivotal role. Still, at numerous crossroads a dilemma comes up: Can the rule of law be disregarded to restore it? Or must the rule of law be adhered to at the risk of legal and institutional paralysis? This book presents strategies for solving this dilemma in theory and practice, thereby paving the way for other states' transitions to come. Through a comparative and interdisciplinary approach, including historical and contextual analysis, the authors show that restoring the rule of law is more than just a legal challenge. This volume equips academics and policymakers with conceptual tools and practical guidance to address the pressing issue of reinstating the rule of law, both in Poland and beyond. The ebook editions of this book are available open access under a CC BY-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Freiburg.

Challenges, Dilemmas and Strategies in Poland and Beyond

Reinstating the Rule of Law

ASCL Studies in Comparative Law

Whereas the study of comparative law has commonly assumed that law flows from North to South and West to East, Inter-Asian Law breaks new ground in proposing an analytical framework for an emerging field of comparative law that explores the legal interactions-historical and contemporary-between and among Asian jurisdictions.

Inter-Asian Law

Essays in Honour of Simon Whittaker

Comparative Reflections in Private Law

This book presents a new perspective on the debate around legitimacy, politics and constitutional law in Supreme Courts. Moving away from the troubling perception that Supreme Courts are trampling on the wrong side of the law/politics divide, it accepts and defends the critical claim that constitutional law is intrinsically and inescapably politics: in style, substance and outcome. It explains what is involved in that claim and recommends a more nuanced and compelling account than it is caricatured to be. The book proceeds to demonstrate how the legal and judicial process can proceed if the law-is-politics critique is taken seriously. Insisting that it cannot be business as usual, the author offers a series of constructive proposals about how constitutional law and judicial decision-making can continue in anything like their present format and style. Recognising that a more radical approach could be taken to the way in which democracy might re-organise, the book runs with the idea that it is possible to incorporate and accommodate the law-is-politics argument within a governmental system of constitutional democracy that resembles closely what now occurs. In that sense, the book is both critical and constructive as well as principled and pragmatic.

Courts, Constitutions and Politics

Rethinking Legitimacy

This book explores the relationship between copyright law, online anonymity, and creative user-generated content (CUGC). Presenting original empirical findings, the book evaluates the co-existence of copyright law and normative systems regulating a CUGC landscape made up of artists, photographers, and writers, and makes novel recommendations for copyright reform. It takes a multi-jurisdictional approach across Anglo-American and EU legal systems, using the UK, USA, and Germany as representative jurisdictions for legal analysis. Qualitative findings are drawn from creators and communities on Reddit and 4chan. Copyright subsists in much CUGC, but pervasive anonymity makes it difficult for the law to regulate it effectively. Simultaneously, anonymity offers creative benefits in a way that highlights flaws in traditional justifications of copyright. Comparisons between community norms and copyright law identify practical differences but also fundamental compatibilities in terms of ownership expectations. However, the simultaneous existence of legal and normative enforcement mechanisms complicates matters for creators and potential users, with negative implications for creativity and copyright law. While existing reform efforts have made suggestions to create a UGC exception, these overlook and undermine the role of CUGC creators as copyright holders. This can be addressed through the consideration of a framework of supplementary CUGC guidelines when developing such reforms. This valuable resource for researchers and students provides a distinct perspective in framing CUGC creators as copyright holders, examining online anonymity as a pivotal factor influencing regulation.

Copyright and Anonymity in the Creative User-Generated World

Modern Studies in European Law

Nordic Cooperation and the European Union: 50 Years of Legal Integration explores the transformation of Nordic cooperation over the past half-century, shaped by the dynamics of European integration. Initially rooted in informal, intergovernmental dialogue among Denmark, Finland, Iceland, Norway, and Sweden, Nordic cooperation now finds itself amidst deeper developments taking place in EU law and EEA law. After the Second World War, Europe embraced binding legal commitments vis-à-vis individuals and each other, beginning with human rights under the European Convention on Human Rights (ECHR), and later economic integration through the European Coal and Steel Community (ECSC) and then the European Economic Communities (EEC), which is today, the EU, and by extension, the European Economic Area (EEA). For the Nordic states, such developments have created dual loyalties: to each other, in the form of cooperation; but also, to wider Europe, in the form of integration. Given the differentiated form of legal integration with Europe in the Nordic states, and how the EU has transformed well beyond a mere form of economic integration, Nordic cooperation has taken on new meaning. Nordic Cooperation and the European Union: 50 Years of Legal Integration brings together academics, scholars, and judges to understand, elucidate, and explain the interplay of legal regimes, including the complex processes of legal systems and legal cultures adapting to each other over a time span of fifty years. It brings forth a new way of thinking about Nordic cooperation amidst wider European legal integration, adopting a comprehensive, comparative approach. It examines both the upward influence of the Nordic states on EU and EEA law, and the downward impact of EU and EEA law on the national legal orders of the Nordic states. Spanning five decades of developments, it offers a panoramic view of legal developments and anticipates the future role of Nordic cooperation when classical forms of such international cooperation are operating in parallel with EU and EEA law.

50 Years of Legal Integration

Nordic Cooperation and the European Union

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

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

The Law of Financial Crime

Comparative Approaches to Countering Predicate Crimes

Anti-Money Laundering and the Law

This groundbreaking book explores the dynamic intersections between religion as a cultural-theological construct and intellectual property as the legal framework governing creativity and innovation. Featuring contributions from over 30 leading scholars, the book examines how IP law regulates religious subject matter-sacred symbols, texts, music-and how religious traditions shape and are shaped by contemporary issues in IP law. From Islamic perspectives on trademark law to Jewish analyses of copyright and Confucian views on IP law, the book provides a multicultural lens on the interplay between faith, law, and commerce. A critical resource for IP scholars, ethnographers, theologians, and policymakers, this book offers fresh insights into the global and interdisciplinary dimensions of intellectual property, enriching both academic discourse and practice.

Cross-Cultural Intersections of Faith and Law

Intellectual Property and Religion

Boundaries in Context

Asia-Pacific Trusts Law, Volume 3

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

Droit comparé des finances publiques

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