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Petti A: EU Neighbourhood Law

EU Neighbourhood Law

Wider Europe and the Extended Eu's Legal Space

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

Constitutional Systems of the World

This book provides a critical introduction to Chile's constitutional system, covering its key elements.

It provides:
 - an account of its historical origins;
- the structure of the different branches of government;
- the way the fundamental rights are recognised and guaranteed; 
- the recent judicialisation of politics experienced by the country. 

Furthermore, the volume addresses three crucial themes of Chile's constitutionalism that have received little scholarly attention. First, the early development of a constitutional state, toward the mid-19th century, in a region then plagued with state-formation problems, civil war, and authoritarian regimes. Second, the irruption of a military dictatorship that lasted 17 years (1973-1990) in a country that had achieved a decades-old constitutional democracy. And third, the persistent lack of legitimacy of the Constitution of 1980, after more than a quarter of a century during which it governed what was generally considered to be a successful transition to democracy, following the dictatorial regime of General Augusto Pinochet.

A Contextual Analysis

The Constitution of Chile

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.

A Comparative Perspective

The Diagonality Problem of the EU Rule of Law

Discourses of Law

Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship.

The Rule of Reason in European Constitutionalism and Citizenship

"This open access edited collection is the first book-length academic publication on the Palestinian Bedouins at risk of forced displacement in the Central West Bank and Greater Jerusalem area. It offers the broadest possible framework to answer two main questions; firstly, what are the humanitarian vulnerabilities they face and how are they produced/constructed? And secondly, how does protracted impunity for international law violations drive humanitarian protection risks for them?"--

Palestinian Bedouins and the Risk of Forced Displacement

Ending Impunity for International Law Violations

"Offers a comprehensive analysis of the implementation of the exclusive economic zone regime over five groups of activities by different States. It will appeal to a broad international audience across academics, students, legal practitioners, governments and international ogranisations. This title is available asn Open Access on Cambridge Core"--

Conflict and Stability in the Law of the Sea

Finding a Balance in the Exclusive Economic Zone

This book explores accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies. Accountability matters. It matters because it connects the governors with the governed, and for this reason it is a hallmark of democratic governance. And yet, amidst a backdrop of concerns about democratic back-sliding, the rise of populism, the role of algorithmic governance, moral barbarism, and post-truth politics - to mention just a few issues - a number of potentially far-reaching questions of accountability have been asked. It is for exactly this reason that this book explores the concept of accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies. The book considers the questions raised by the shifting architecture of accountability. Whilst some scholars suggest that accountability processes have never been so effective -trumpeting the rise of monitory democracy with its dense array of watchdogs, sleaze-busters, auditors, legislative committees, statutory supports, and investigative mechanisms - others express concern about the risk of 'overloads', 'gaps', and 'traps'. This has led to a focus on fuzzy accountability and diagonal accountability, pointing to increasing conceptual confusion. Bringing together world-leading scholars and former politicians and public servants, the book cuts through this confusion and provides the reader with the answers to the most debated issues, including rarely discussed 'pathologies of accountability', post-human governance, and a novel focus on balance and proportionality.

Prerogatives, Power and Politics

Questions of Accountability

A leading legal scholar asks a fundamental question: Do we need a theory of constitutional interpretation?

Judicial Craft versus Constitutional Theory

Who Am I to Judge?

Landmark Cases

This two-volume work on landmark cases discusses the most iconic judgments developed by the European Court of Justice since 1957.

The Substantive Cases

Landmark Cases in EU Law, Volume 2

Great Debates in Law

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

Great Debates in Public Law

Hart Studies in Constitutional Theory

This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality - manifest in a commitment to collective flourishing - without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.

Equal Dignity, Wrongful Discrimination, and the Rule of Law

Equality Before the Law

Oxford Comparative Constitutionalism

Redefining Comparative Constitutional Law: Essays for Mark Tushnet commemorates the writings of Mark Tushnet, a significant voice in the study of comparative constitutional law. Each essay is written by a leading scholar and discusses timely topics such as empiricism and language, democracy and entrenchment, and analyses of rights and courts.

Essays for Mark Tushnet

Redefining Comparative Constitutional Law

EU Neighbourhood Law

Informations bibliographiques

Mots-clés

Informations bibliographiques

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