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Catalogue complet

Oldham P: Law and Politics at the
National Industrial Relations Court 197

Law and Politics at the National Industrial Relations Court 1970-75

'Rather Peculiar Things'

Rationales, Forms, and Perspectives

Delisting of Stock Corporations in Europe and Beyond

Diverse Voices in Intellectual Property Law

This open access book explores the political utility and consequences of memory laws with a focus on how militant memory laws frame, underpin and generate international conflicts. Proceeding from Russia's ongoing aggression against Ukraine, this examination plots how memory laws have preceded, partially led to, and encouraged the outbreak of the war itself via Russian propaganda. It also offers a broader perspective looking at developments in the Baltic States, Belarus, Finland, Germany, Hungary, and Poland, as well as in European (Council of Europe and European Union) law. Bringing together scholars with diverse perspectives, this book provides both analysis and conceptual reflection for scholars assessing the politics of memory laws. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open Access was funded by the University of Copenhagen.

Russia, Ukraine and Beyond

The Politics of Memory Laws

Supporting the Legal Capacity of All Persons with Disabilities

Implementing the Right to Decide Under the Convention on the Rights of Persons with Disabilities

The Law That Never Was

Informal Decision Making in the European Community Under the Luxembourg Compromise

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 book provides a commentary on the Markets in Crypto-Assets Regulation (MiCAR), a game-changing EU regulation for crypto-assets and crypto-asset services. Directly applicable in all EU Member States, MiCAR serves as a benchmark for future regulation in other jurisdictions, influencing rulemaking and crypto industry around the world. In this book, leading experts in the fields of financial law, regulation and technology examine the goals, rules and operation of MiCAR. The book explores its provisions in the broader context of current market practices, technological developments, existing financial law instruments (eg MiFID II, Prospectus Regulation, Crowdfunding Regulation and Market Abuse Regulation), court cases (eg the bankruptcies of FTX and Celsius), regulatory initiatives in the USA and the UK, as well as soft law instruments. The book is designed for anyone dealing with crypto-assets or considering entering the crypto space. This includes representatives from legal and business communities, both incumbent (banks, investment firms, investment funds) and new market players (crypto exchanges, wallet service providers, issuers of stablecoins), supervisory authorities, students and academics. The reader will gain a deep understanding of the scope and structure of MiCAR, key terms used in it, its rationale, and the main rules for issuers of crypto-assets, crypto-asset service providers and crypto-asset services.

Law and Technology

Markets in Crypto-Assets Regulation

This book challenges the view that legal positivism should be reduced to a conceptual analysis of legal validity. Instead, Elena Namli reclaims legal positivism as a theory of the relationship between law, morality, and politics. Presenting novel interpretations of the classical works of Herbert L. A. Hart, Joseph Raz, and Jürgen Habermas, Namli frames legal positivism as a theory that makes possible a moral and political critique of valid law. Moreover, this book defends the dialectical relationship between law, politics, and morality by combining a positivist approach to legal validity with a constructivist ethical theory which strengthens the critical potential of legal positivism. Legally valid norms may not always be morally justified, but understanding the moral quality of legal regulations is essential for comprehending modern law.

Legal Positivism, Politics, and Critical Ethics

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

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word – penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments. But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-needed – and quite colorful – social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history. Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept. Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is in danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

Anthropology, Law, and Political Morals

Some Versions of Legalism

Law and Politics at the National Industrial Relations Court 1970-75

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