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QC M: Sports Law

Sports Law

An expert companion to the political and legal issues that led to Brexit, the challenges the UK now faces, possible outcomes of the negotiations, and the implications for the future of the UK and EU.

On Brexit

Modern Studies in European Law

"Separation of powers is the time-tested touchstone of the legitimate exercise of power in modern democracies. This collection examines decision-making in the EU's multilayered and polycentric constitutional structure through this lens. The focus on separation of powers reveals how strong executive powers collaborate in the EU as a single source of public power, which is not sufficiently counterbalanced by parliaments or the judiciary. The collection explores 3 policy fields marked by crisis: the economic and monetary union (EMU), migration, and trade. This important work illustrates how different branches of government co-determine each others' powers"--

The Dynamics of Powers in the European Union

The EEA Agreement extends the four freedoms (persons, goods, services and capital) to Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality. The EFTA Court, celebrating its 30th anniversary in 2024, has jurisdiction over parties to the Agreement. This jurisdiction corresponds to that of the Court of Justice of the European Union over EU Member States in matters of EEA law. This collection of essays, written by members of the Court and external experts, reviews the successes and shortcomings of the Court, its interface with EU law, and its future development.

Developing the EEA over Three Decades

The EFTA Court

Hart Studies in Constitutional Law

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament's authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament's legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament's legal position. It proposes a novel conception of Parliament's power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament's law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by both its internal procedures and the devolved legislatures.

A Sceptical Restatement

Parliamentary Sovereignty

Key Ideas in Law

This book explores several key ideas relating to the 'principle of legality'. In the United Kingdom, the 'principle of legality' is an interpretive tool applied by courts to legislation that is deemed to be unclear. The term is used as shorthand for both the idea that Parliament may only override fundamental legal or constitutional norms using clear legislation. It also encapsulates the idea that courts can 'read down' or narrow the effect of general or ambiguous legislation to protect fundamental common law norms. These deceptively simple notions have a rich and complex historical pedigree. Since the end of the twentieth century, a 'breach of the principle of legality' has become a discrete ground of judicial review rooted in the common law. But its status, definition, and reach all remain deeply contested. In recent years, recourse to 'the principle of legality' in public law claims has become increasingly controversial. As the corpus of case law has grown, the application of the 'principle of legality' has been identified by judges, academics, and politicians as both a source of legal uncertainty in its own right, and a vehicle for potential judicial overreach. By building on a rigorous analysis of relevant case law, this book considers the intellectual foundations of 'the principle of legality'. As the analysis unfolds, we will see that there is no singular 'principle of legality' which we can accurately pinpoint. Instead, it makes sense to talk about multiple principles of legality, doing distinct, but related, work. This becomes apparent when we explore the history of the principles of legality in the context of not just public law, but the wider legal system. Moving beyond the historical context, the book explores where and how the principles of legality apply in the contemporary legal system. Subsequent chapters explore the difficulties and uncertainties of determining whether the principles of legality are engaged. Thereafter, attention turns to what norms legality does and does not protect and how courts decide upon this. The final chapter sets the principles of legality in their broader constitutional context. Overall, it will demonstrate that concerns about relating to judicial overreach are overstated. In fact, the reverse is true: the application of the principles of legality do introduce a dimension of legal uncertainty, but ultimately fall short of their constitutional potential.

Key Ideas in Law: The Principle of Legality

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 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

Making and Amending the Constitution

The architect is a principal target in all types and levels of construction disputes. This book provides informal and practical advice explained in simple terms so that practicing architects can avoid the pitfalls inherent in the architect's role throughout the construction process. Written by a practicing architect who has acted as expert witness in over 200 cases, the book covers the key areas of vulnerability - design, design co-ordination, late information, inspection and certification. Using detailed case studies of built projects, the author identifies the law, how the problems arose and what remedies were put in place to resolve the issues. This is a book no architect can afford not to read.

A Guidebook for the UK Architect

Why Architects Get Sued

The Future of Private Law

This seminal book develops a new perspective on the debate concerning the Europeanisation of private law. The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines 'good' Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning. The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made. This is a fascinating intervention in the field of European private law by one of its leading authorities.

Towards a Dynamic Europeanisation of Private Law

Free Movement of Legal Ideas

New Borders

Migration, Asylum and Citizenship Law in Ireland

This book fills a gap in the existing literature by providing a thorough assessment of EU regulations as a source of secondary legislation and their application in all twenty-seven Member States. It also explores that application in neighbouring countries. EU regulations are perceived as the strongest and the most effective sources of EU secondary legislation and it is well-established by the Court of Justice of the European Union that their provisions have vertical and horizontal direct effect. Part 1 of this book examines these points, providing a backdrop to the analysis in the remaining chapters. Parts 2 and 3 focus on the national reception of EU regulations in Member States, and in selected neighbouring jurisdictions. Written by leading practitioners and academics, the book offers both a conceptual underpinning to this element of the European Union's law-making, as well as its practical application.

Legislative and Judicial Approaches

EU Regulations in Practice

Sports Law

Informations bibliographiques

Mots-clés

Informations bibliographiques

Mots-clés

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