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Roumestan E: L'Affaire

L'Affaire

Entre l'acte et l'effet

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

This monograph offers a comprehensive contextual analysis of Maine's Ancient Law, emphasising the author's use of various sources to construct the book's key themes. Ancient Law was written as a sophisticated piece of rhetorical prose grounded in Maine's education in the classics. Central to this analysis is the significant role of Roman law in shaping the narrative, particularly its influence on Maine's arguments and conclusions. The monograph also positions Maine's work within the broader intellectual debates of the nineteenth century, especially concerning the teaching of English law and Britain's colonial presence in India. By situating Maine's Ancient Law within this larger context, the study enhances our understanding of the text, revealing the historical legal framework that resonates in modern legal discourse and thought. This connection enriches our knowledge of Maine's contributions and highlights the enduring relevance of his ideas.

Henry Maine's Ancient Law as an Expression of Victorian Humanism

The Failure of Diplomacy

Instruments of Peacemaking 1918-1941

Scholars of Commercial Law

'An indelible and enthralling work of moral witness' PATRICK RADDEN KEEFE 'These questions of memory and impunity are forever timely' FINANCIAL TIMES 'An extraordinary achievement . . . I read with open mouth and thumping heart' STEPHEN FRYThe house at 38 Londres Street in Santiago, Chile, is home to the legacies of two men whose personal stories span continents, nationalities and decades of atrocity: Augusto Pinochet, President of Chile, and Walther Rauff, a Nazi SS officer responsible for the use of gas vans. In 38 Londres Street, Philippe Sands blends personal memoir, historical detective work and gripping courtroom drama to probe a secret double story of mass murder, one that reveals a shocking link between the horrors of the 1940s with those of our own times. In so doing, he reveals an untold and astonishing tale of the legacy of unchecked criminality and the road to impunity.'Combines the tone of the thriller with an astute and dramatic account of a most complex and fascinating legal case. A brilliant and important book' COLM TOIBIN

On Impunity, Pinochet in England and a Nazi in Patagonia

38 Londres Street

Gaskell and the Law

Americans take it for granted that the states of the union make up an economic common market. But that is the case only because early in the nation's history the Supreme Court ruled that the Commerce Clause of the Constitution establishes a principle--sometimes called the "dormant Commerce Clause" principle--that blocks individual states from cutting off the free flow of cross-border trade. From the 1820s onward the Court has issued hundreds of rulings applying this doctrine to prevent the states from imposing tariff-like taxes, local processing requirements, and other restrictions on the free movement of goods and services across state lines. The result for the nation has been, as Justice Robert Jackson once observed, a "material success that . . . has been the most impressive in the history of commerce." After joining the Court in 1986 Justice Antonin Scalia challenged the dormant Commerce Clause principle as an illegitimate judicial innovation at odds with a proper "originalist" interpretation of the Constitution. This critique, moreover, quickly picked up steam as other prominent jurists and commentators--most notably, Justice Clarence Thomas--gave it their enthusiastic support. Is the originalist challenge to the dormant Commerce Clause rule well-founded? In The Common-Market Constitution, Coenen argues that the answer is no. Like Justice Scalia, Coenen focuses on discovering the original public meaning of the Commerce Clause. According to Coenen, however, the text and history of that clause compel a conclusion that is the direct opposite of the one that Justice Scalia reached. As Coenen demonstrates, a proper originalist assessment of the dormant Commerce Clause principle requires consideration of a sweeping body of text- and history-based evidence that ranges far beyond what critics of that principal rule have focused on in the past. A full and fair appraisal of that evidence, Coenen argues, leaves no doubt that the constitutional rule that the Court has long applied to safeguard the American common market does reflect the original public meaning of the Commerce Clause.

Text, History, and the "Dormant Commerce Clause" Rule

The Common-Market Constitution

Routledge Studies in Cultural Heritage and International Law

The Legal Pluralism of Heritage: Restitution and the Normative Knowledge of Communities of Origin explores one of the most urgent debates in international cultural heritage law today: the role of Indigenous laws and local norms about material culture in the restitution process.In an era of rising claims for restitution, this book examines how diverse legal and normative orders engage with communities seeking the return of cultural objects held in museums, private collections, and institutions worldwide. It argues that restitution processes need to consider the normative knowledge of communities of origin. Moving beyond conventional legal analysis, the volume includes theoretical interventions and case studies from (international) law, anthropology, archaeology, history, museum studies, art history and Indigenous legal studies, and from all five continents. It offers a new framework for understanding restitution not merely as a legal process, but as a dialogue between legal systems and the knowledge traditions of the communities to whom heritage belongs.Timely and thought-provoking, this book is an essential resource for researchers and practitioners in international law, legal history, historical anthropology, and cultural heritage studies.

Restitution and the Normative Knowledge of Communities of Origin

The Legal Pluralism of Heritage

This book traces the legal creation of National Parks in England and Wales, considering how statute and case law shaped the different provisions within the National Park and Access to the Countryside Act 1949. National parks are often associated with hiking, holidaying, and nature but they are rarely perceived as legal spaces. Yet national parks in England and Wales only exist through the legal processes contained within the National Parks and Access to the Countryside Act 1949, a piece of legislation which is internationally unique in how it defines what a national park is. In celebrating the 75th Anniversary of the National Parks and Access to the Countryside Act 1949, the book examines the legally unique nature of national parks in England and Wales, exploring why these spaces were created in a legally distinct way. In doing so, the book takes the reader on a journey through the ever-evolving landscapes of planning law, administrative law, and property law in the 19th and 20th centuries, providing a new perspective on the enactment of national parks legislation. In presenting the National Parks and Access to the Countryside Act 1949 as part of a wider system of legal change, the book encourages the reader to think differently about national parks, emphasising the inherently legal nature of these spaces. This book is the perfect companion for any reader seeking to understand how national parks in England and Wales legally came to be.

Defining a Landscape

The Legal Creation of National Parks in England and Wales

This book explores the fascinating backstories and unexpected sequels of bigamous marriages from the 17th century to the present day. A woman remarries after hearing that her husband has drowned, only for him to turn up alive and well. Is she now a criminal? A deserted husband, unable to afford a divorce, finds happiness in a new union. How many did the same? A conman advertises for a wife and then disappears with her lifesavings; he has already done the same to many other women. How was he brought to justice? These are just a few of the hundreds of bigamous remarriages put under the microscope in Double Lives. As a companion volume to Double Trouble: Bigamy and the Law in England and Wales, 1604-2024, this book goes behind the law reports to reconstruct the stories of those involved. Drawing on archival sources, pamphlets, newspapers, census data, parish registers, divorce petitions and family histories, it shows the different forms that bigamy might take - accidental, consensual, deceptive or exploitative - and how bigamists' stories in turn helped to shape the law. Double Lives shows how bigamy should not be dismissed as a comical or victimless crime. Every case had its own complex mix of desire and deception, and, all too often, heartbreak for someone.

Stories of Bigamy in England and Wales, 1604-2024

Double Lives

Constitutional Democracy in Crisis? II offers readers forty-four new accessible essays on the nature of constitutional democracy and constitutional crises, how the democratic recission is being experienced throughout the world, the factors that are providing challenges for constitutional democracy, and the tools being fashioned to maintain constitutional democracy, including the possibility of more global governance. This volume informs readers of the present state of constitutional democracy throughout the world and provides them with a framework for maintaining and improving constitutional governance.

The health of constitutional democracy has not improved substantially since the publication of Constitutional Democracy in Crisis? I. Widespread concern exists about the decline of constitutional democracy around the world, a phenomenon often referred to as 'democratic recession', 'democratic failure' or 'democratic backsliding.' The United States is hurtling toward competitive authoritarianism if not at that destination. The United Kingdom, France, Germany, and Italy confront powerful authoritarian movements. Eastern European countries struggle to maintain fragile democracies, while democratic efforts in the Global South confront the legacy of colonialism. Several "feel-good" cases remain: New Zealand and Australia continue as robust constitutional democracies; Poland and possibly Hungary are undergoing democratic "U-turns" after an authoritarian turn; constitutional reform failures have not dampened democratic momentum in Chile; and Brazil's strong democratic culture enabled resistance to and ultimately the conviction of Jair Bolsonaro.

Struggles to establish, sustain, and restore constitutional democracy have not only persisted but accelerated over the past eight years, increasingly blurring the line between "episodic turbulence" and "structural rupture." Global developments now demand not just updated examples, but a re-examination of core assumptions, about what constitutes a constitutional crisis, how rapidly constitutional-democratic systems can be reoriented, which institutions matter most under stress, and what effective repair looks like once democratic injury is normalized. Recent events underscore the need to "pause and reflect on the constitutional project," which appears to be in crisis and perhaps outdated, "incapable of leading us effectively into the planetary epoch."

Constitutional Democracy in Crisis? II

Anthem Critical Introductions

A history of immigration law as a legal discipline: how it has been constrained and unconstrained by developments in migration policy, international law, constitutional law and legal theory.

An Intellectual History of Migration Law and Policy c.1535-2020

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