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Elgendy A: l'avvocato del fare

l'avvocato del fare

una guida di un avvocato di successo

Oxford Private International Law Series

The operation of conflict of law rules within the UK have changed drastically since the first edition of Conflict of Laws Within the UK published in 2007. Constitutional developments including the establishment of the UK Supreme Court, the UK's withdrawal from the European Union, and the growing relevance of the Hague Conventions, have intensified the need for an up-to-date resource on the theory and practice of intra-UK conflict issues. 

In this comprehensive new edition, Kirsty Hood explores how the UK's atypical constitutional arrangements effect the treatment of traditionally private international law issues when these arise intra-nationally in the UK. Restructured into easily navigated sections, this edition examines key issues including jurisdiction, the choice of law, the recognition and enforcement of judgments, the operation of public policy, and procedural matters. Offering practical guidance on the applicable rules in intra-UK conflicts, it also grounds this discussion within historical contexts. Additionally, it highlights the theoretical frameworks underpinning the treatment of issues which-in an international cross-border situation-would typically be resolved by way of conflict of law rules. This investigation is further enhanced by a comparative analysis of the response of Canada and Australia to, respectively, interprovincial and interstate conflicts, raising questions about whether solutions adopted by these countries could contribute to the conflict of laws within the UK and vice-versa. 

This new edition also incorporates recent case law and legislative changes, including modifications to the Scotland Act 1998, Government of Wales Act 2006, and Northern Ireland Act 1998, as well as post-Brexit constitutional developments such as the United Kingdom Internal Market Act 2020. It is an essential reference for practitioners engaged in litigation or constitutional law.

Conflict of Laws within the UK

Elements of International Law

After the devastation of two world wars, Europe sought to prevent future conflict through new institutions-one of the most significant being the European Court of Human Rights. In this updated edition, Angelika Nussberger provides a comprehensive introduction to the Court, examining its mission, structure, procedures, and evolving jurisprudence. The book explores how the Court has become a cornerstone of modern international and human rights law, while also facing mounting internal and external pressures. These include a surge in applications, political resistance to external criticism, and challenges in maintaining neutrality on contentious issues like migration and criminal justice. It also addresses tensions with national courts as well as attacks on the Court's authority by various actors. This second edition also examines the impact of Russia's cessation as a party to the European Convention on Human Rights in 2022, as well as increasing resistance to implement judgements from nations such as Türkiye. Furthermore, it discusses recent landmark rulings on climate change and the reversal of its approach towards the protection of minorities in the Baltic States. Through careful analysis of landmark cases-from Lawless v. Ireland to Klimaseniorinnen v. Switzerland- this book illustrates the Court's profound influence on European social and political discourse and ultimately asks whether the Court can continue to serve as "Europe's conscience" amid rising populism and shifting values.

The European Court of Human Rights

Tradd Street Press

The Supreme Court

Written by three experienced practitioners, this definitive work provides unrivalled analysis and guidance on the law of judicial review. 

Updated with the most relevant and recent case law, this new edition of Judicial Review: Principles and Procedure includes chapters on each of the substantive and procedural grounds on which a claim for judicial review may be brought, including topics such as fairness, consultation, proportionality, and legitimate expectation. It offers detailed treatment of areas such as the public sector equality duty, challenges to administrative policies, challenges to legislation, and common law constitutional rights. The book contains comprehensive coverage of the procedure at each stage of a claim for judicial review, from the pre-action stage to the permission stage and interim remedies, through to the substantive stage, final remedies, and costs. Newly added to this edition are a comprehensive guide to post-Brexit UK-EU Relations Law contributed by Jack Williams, and a guide to the use of international law in judicial review contributed by Sean Aughey-both of which ensure that the book provides a uniquely full treatment of all of the issues which might be encountered in practice.

The volume's accessible format allows readers easily to access the law on specific points, making it an indispensable reference for barristers, solicitors, public sector organisations, and legal libraries.

Principles and Procedure

Judicial Review

China Perspectives

This book presents a systematic empirical study of contemporary China's litigation case volume, judges' workload, and how courts attempt to alleviate the problem of "high caseloads with insufficient personnel" through enhanced management practices.By comparing caseloads and judge numbers across Chinese, U.S., and Japanese court systems, it shows that contemporary Chinese courts are also compelled to confront the "case-judge imbalance". Using nationwide survey data, the book indicates that Chinese judges bear an exceptionally heavy workload and significant stress, partly due to non-adjudicative work they are required to perform. The book describes how Chinese courts have employed trial management techniques to mitigate this problem. It also demonstrates how digital infrastructure supports scientific court management. The book analyzes the characteristics of Chinese court management and offers policy suggestions to address the global challenges of the case-judge imbalance and judicial capacity crisis.Scholars of court management, comparative judicial systems, and those interested in China studies will find the book appealing.

An Empirical and Comparative Perspective

Managing the Workload of Chinese Courts

Modern Studies in European Law

This book offers a comprehensive examination of the Court of Justice of the European Union (CJEU) and its engagement with public international law. It explores how the Court has developed a flexible, context-dependent approach to international law, which seeks to balance the autonomy of the EU legal order with the necessity of recognising and integrating international legal principles. Rather than focusing on landmark cases, the book analyses the CJEU's jurisprudence thematically, exploring the various ways the Court encounters and engages with international law. These include the use of international law as a source and inspiration of EU law, as a method of challenging the validity of EU law, and as method of interpretation. The book goes beyond analysis of the judgments and explores the broader context in which the Court navigates its relationship with international law. It examines the circumstances under which the Court establishes barriers around the EU legal order, such as when it develops the principle of autonomy, and when it builds bridges with the international legal order, such as when it seeks to engage with and develop international law principles. This book will be of interest to scholars, practitioners, and students focused on the intersections of EU law and public international law, contributing to ongoing debates about legal pluralism and the evolving dynamics of intersecting legal frameworks.

The Court of Justice of the EU and Public International Law

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

This volume explores the state of representative democracy on the global stage. It does this against the backdrop of crises such as the USA Capitol attack on 6 January 2021, recent refusals to accept election results in various countries, and attempts to restrict the voting franchise, as well as longer-term trends such as the rise of populism and declining trust in political elites. The first substantive chapter examines representative democracy in theory, history and practice today. Taking the representative model as their point of departure, the subsequent chapters explore a range of themes in relation to this model. The contributions include timely reappraisals of democracy in countries, such as the UK and USA, with old, well-established democratic structures, as well as analyses of the state of democracy in regions such as Africa, Asia and South America, where democracy has had a more chequered history. Across all of its chapters, the book invites readers to rethink fundamental questions about representative democracy: Why is it valuable? How should it be organised? Do steps need to be taken to strengthen representative democracy, and if so, what are those steps? The volume's target audience - politicians, public servants and interested members of the public - are provided with arguments and evidence to form their own views at a time when the ideals and practices of representative democracy are being challenged around the world, and new ideas and initiatives to revitalise it are being debated and implemented.

The Putney Debates 2023

Democracy in Crisis?

Hart Studies in Constitutional Theory

This book addresses one of the most pressing issues of our time: the rise of populism and its implications, particularly for courts and other legal institutions.

It questions and ultimately challenges the prevailing view in comparative constitutional law that courts can act as bulwarks against authoritarian, self-aggrandising populists in power. In doing so, it offers both a novel theoretical framework and a fresh contextual inquiry.

Theoretically, the book uses the lens of spatiotemporality - the conjunction of space and time - to analyse populism as a constitutional project. It argues that contemporary populism is marked by constitutional impatience: a drive for temporal efficiency and spatial proximity that reshapes and reconfigures law's institutional and normative order.


Contextually, the book focuses primarily on one key institution of liberal constitutional democracy: the judiciary. It offers a contextual analysis of three case studies: Armenia, Ecuador and the United Kingdom. In doing so, it not only highlights populism's reach beyond established democracies but also brings fresh insights from understudied jurisdictions at the periphery or in the Global South.


Overall, the book suggests that populism's relationship with constitutionalism is complex and context-dependent. Instead of yielding uniform outcomes, it produces divergent tensions and impacts, thereby challenging assumptions about both the institutional role of courts and the nature of constitutionalism itself.

Judges vs the People

Populism and Courts in an Age of Constitutional Impatience

Cambridge Law Handbooks

The Cambridge Handbook of AI in Civil Dispute Resolution&nbsp;is the first global, in-depth exploration of how artificial intelligence is transforming civil justice. Moving past speculation, it showcases real-world applications-from predictive analytics in Brazil's courts to generative AI in the Dutch legal system and China's AI-driven Internet Courts. Leading scholars and practitioners examine the legal, ethical, and regulatory challenges, including the EU AI Act and emerging governance frameworks. With rich case studies and comparative insights, the book explores AI's impact on access to justice, procedural fairness, and the evolving public-private balance. Essential reading for legal academics, policymakers, technologists, and dispute resolution professionals, it offers a critical lens on AI's promise-and its limits-in reshaping civil dispute resolution worldwide.

The Cambridge Handbook of AI in Civil Dispute Resolution

Family Law - Practice and Procedure

Routledge Contemporary Issues in Criminal Justice and Procedure

This collection explores a variety of issues facing contemporary juries, bringing together innovative research from different disciplines and jurisdictions. The debate stems from a real concern that criticism of the jury may lead to a loss of public confidence in the institution and that this may renew government efforts to further restrict the role of the jury in criminal proceedings in England and Wales. This work offers an interdisciplinary approach presenting insights from legal, psychological and criminological perspectives, thus bypassing traditional borders and presenting a cohesive view. Issues discussed reflect the rapid advances in technology, changing dynamics and behaviours in society, and challenges that have been aggravated by the Covid-19 pandemic. Whilst the focus is primarily on juries in England, Wales, Scotland and across Ireland in terms of challenges and opportunities, the collection also invites a comparative perspective, drawing on experiences and related research in other jurisdictions. The book will be of interest to academics, researchers and policy-makers working in the areas of criminal law and procedure, criminal justice, criminology and psychology.

A Comparative Perspective

Contemporary Challenges in the Jury System

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