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Short-Termism and Shareholder Engagement

Addressing Agency Costs Through Monitoring and Corporate Litigation

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

Can we hold individuals criminally responsible for harms their actions caused when, at the time of acting, they did not realise that their actions risked bringing about those harms? This persistent and unresolved question strikes at the heart of criminal liability for inadvertent negligence in legal systems worldwide. This open access volume brings together a diverse group of contributors to discuss the criminalisation of inadvertent negligence. Significantly, the authors hail from two very different legal traditions - Anglo-American and Germanic - which have to date not engaged in dialogue about this important criminal law topic. This edited volume addresses this gap in the literature. The contributions to this collection explore the similarities and differences between legal traditions, and foster cross-jurisdictional exchange, whilst critically reflecting on the normative strengths and weaknesses of different legal vantage points. The collection accordingly incorporates theoretical, philosophical and psychological insights from experienced scholars and new voices, thereby offering a multidimensional account of why, and under what conditions, those who are unaware of a particular risk of harm at the time of acting can, or cannot, justifiably be punished when those harms do result. 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 Max Planck Institute for the Study of Crime, Security and Law.

Comparative and Interdisciplinary Perspectives on Inadvertent Negligence

Criminalising Carelessness

Hart Studies on Contested Legalities

This book confronts a pressing and unsettling development at the intersection of law, sovereignty, and Indigenous rights: the growing entanglement between Indigenous legal traditions and sovereign citizen pseudolaw. Bringing together leading scholars from law, anthropology, Indigenous studies, and related disciplines, the volume exposes how pseudolegal movements increasingly appropriate the language and symbolism of Indigenous sovereignty to advance anti-state and conspiratorial agendas. The collection shows that this appropriation is not confined to non-Indigenous actors. In contexts of long-standing injustice and frustration with state institutions, some Indigenous individuals are also drawn to sovereign citizen arguments that promise autonomy or escape from state authority. Through careful analysis, the contributors explain why these claims may appear attractive, while demonstrating that they rest on legal fantasies fundamentally at odds with Indigenous legal orders. Where Indigenous laws are collective, relational, and grounded in responsibilities to land and community, pseudolaw is individualistic, property-centred, and rooted in settler-colonial entitlement. As the first scholarly collection to systematically address this phenomenon, the volume calls for renewed intellectual clarity and sustained engagement between academics, legal practitioners, and Indigenous communities. The book traces how pseudolaw repackages older colonial strategies of appropriation and erasure in new forms. It reveals the tangible harms these entanglements cause: legal confusion, political vulnerability, and the erosion of the credibility of genuine Indigenous sovereignty claims. It offers a powerful warning about the dangers of pseudolaw and a compelling case for strengthening Indigenous-led pathways to justice, self-governance, and sovereignty.

Indigenous Peoples and Sovereign Citizen Pseudolaw

Hart Studies in Commercial and Financial Law

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

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

This book provides a novel judicial framework for receiving and considering religious and cultural claims in shaping human rights in constitutional secular democracies. It does this through an extended case study of the Indian constitutional jurisprudence. Abortion and surrogacy, LGBTQ + rights, sex work and euthanasia are arguably the most controversial human rights issues of our time. They all invite passionate religious and cultural debate but are not themselves religious or cultural rights issues. Instead, they pose a fundamental constitutional question: How far can religion and culture go in shaping general human rights in secular constitutional democracies? Moving beyond the logic of individual rights, this book provides an integrated and holistic approach to answering this classic question of constitutional law. To do this, it proposes an innovative empirically backed normative-theoretical framework which synthesises insights from cultural psychoanalysis, feminist legal scholarship, socio-legal method, constitutional law, evidence law, and political theory. It looks at a unique constellation of cases belonging to eight different human rights themes covering the period since India's independence in 1947 and systematically analyses the religious and cultural claims made in those cases. It finds that in India, a more holistic approach to answering our classic constitutional puzzle requires a simultaneous consideration of three different theories: A theory of constitutional interpretation which formulates restrictions on a judge considering religious and cultural claims in fundamental rights cases; A theory of judicial notice which determines when such claims can be admitted without proof; A theory of secularism and public reason which argues that the claims must be given weight in the final decision only if they match defensible conceptions of constitutional values. The book develops these theories and applies them to the Indian cases, providing an innovative approach to an age-old question.

With God as our Witness

Religion, Culture, and Human Rights in India

Rationales, Forms, and Perspectives

Delisting of Stock Corporations in Europe and Beyond

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

Speech has become an increasingly central feature of international criminal proceedings, particularly in cases involving senior political or military leaders. The PJI Guidelines are grounded in extensive jurisprudence, empirical research, and scholarly analysis, drawing on decisions from international courts and tribunals as well as broader interdisciplinary insights. Anchored on the fundamental right to freedom of expression, the Guidelines conveys guidelines for securing criminal accountability. In doing so, the book addresses cutting edge issues including disinformation, interpretation, social media, and AI propagated inflammatory and hateful speech, among other topics. It proposes 10 Key Guidelines, including an amendment to Article 25(3)(e) to criminalise intentional, direct and public incitement to any atrocity crime under the Rome Statute. Contributors are: Katharina Braun, Juan Manuel Klein, Damla Yasemin Ipek, and Manuel J. Ventura.

The Peace and Justice Initiative Guidelines

Speech Crimes in the Digital Era

Code of Federal Regulations, Title 26 Internal Revenue

Title 26 presents regulations, procedures, and practices that govern income tax, estate and gift taxes, employment taxes, and miscellaneous excise taxes as set forth by the Internal Revenue Service.

Code of Federal Regulations, Title 26 Internal Revenue 1.1551-End of part 1, Revised as of April 1, 2025

Volume 10

The Asian Yearbook of Human Rights and Humanitarian Law

Pandemics, Power, and Parliaments

Asia in Times of Crisis

Short-Termism and Shareholder Engagement

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