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The Politics of Adjudication addresses the pragmatics of legal decision making. This is a question of politics, according to which constitutional law is not, it is argued, the instantiation of timeless and universal principles of governance.

McHarg Aileen: The Politics of
Adjudication

The Politics of Adjudication

1. The Politics of Adjudication 2. The Nature of Adjudication 3. Judicial Independence and Impartiality 4. The Constitutional Role of the Judiciary 5. Judicial Reasoning and Judicial Neutrality 6. Judicial Conduct and Judicial Impartiality 7. The Structural Independence of the Judiciary 8. Conclusion

Constitutional Documents of Switzerland from the late 18th Century to the second Half of the 19th Century

weltberühmten Heiligtums der Hera wird durch 10 Indices erschlossen.

Graubünden

AI, Big Data, the Environment and the Courts

The Future of Justice

Human Rights Law in Perspective

This book conceptualises the European Court of Human Rights' judgments on Islamic dress as manifestations of the fascist impulse in modern human rights law. The author argues that human rights are thus not an antidote to fascism but are constituted through a fascist inflection and implicated in circulating fascism in the everyday. The inability of human rights to say 'no' to laws regulating and criminalising Islamic dress in Europe engenders an institutional Islamophobia in the law and Islamic dress debate in Europe. The author interrogates the historical emergence of human rights, through a methodology of interdisciplinary, theoretical oscillations between feminism, decolonial, phenomenological and neo-Marxist thought to establish the rights/fascism dialectic. She argues that beyond exclusion and erasure the ownership of rights discourse enables the exploitation of racialised and gendered bodies for the maintenance of material and epistemological privilege with a white, Christian, male norm. It is this moment of ownership, where rights are both propertied and property, that constitutes the rights/fascism dialectic. The author goes on to argue that the rights/fascism dialectic operates at the heart of the Islamic dress debate in Europe to create the impossibility and instrumentalisation of Muslim women's bodies in European public space. The book challenges shifting legal justifications by exposing the functioning of capital, colonialism, patriarchy and power at the European Court of Human Rights in key cases such as Sahin v Turkey and SAS v France. Theoretical insights of the rights/fascism dialectic are applied to the law and Islamic dress debate in the multicultural UK, assimilationist France and at the ECtHR. The conclusion is that the Islamic dress debate in Europe manifests the gender and racial differentiation and instrumentalisation that is essential to the maintenance of human rights and the modern, capitalist state in which rights are enmeshed.

Rights and Fascism in Europe

Law and Islamic Dress

This book's essays want to provide the intellectually-sophisticated and ethically-sensitive comparatist with the equipment that will stand comparison in optimal epistemic stead as one embarks upon the journey of elicitation and inscription towards foreign law. Negative comparative law argues that foreign law materializes as a cultural statement: every foreign law-text is encultured. And it holds that every comparatist is encultured, too: one is a socialized individual and institutionalized jurist. This double enculturation generates the comparatist's double bind: how to account for a foreign law being 'framed' within a cultural fabric even as one comes to foreign law having oneself been 'framed' within another, different culture? One must adopt a realistic stance: understanding of foreign law as it exists is impossible. Foreignness lies beyond description or representation. But such intractability is not disqualifying, the abiding idea being to compare nonetheless, to compare on, if within the unlimited sway of the limit. This book will benefit all law teachers and postgraduate law students interested in the workings of law on the international scene, whether specialists in comparative law, public international law, private international law, transnational law, or foreign relations law - in particular, individuals bringing to bear a critical inclination to their subject-matter.

The Ways of Negative Comparative Law

The 'fresh start' that is afforded individual debtors through the discharge doctrines of American bankruptcy law has, to date, defied justification by a single normative principle or theoretical paradigm. The justificatory accounts that have been advanced either fail to explain core doctrines that have long defined the right of discharge or invite theoretical challenges that suggest that their descriptive virtues are swamped by their normative or conceptual shortcomings. This book presents a taxonomy of traditional justifications of bankruptcy and subjects them to critical evaluation. It then seeks to offer a new justification of bankruptcy's 'fresh start' doctrines-one that takes its inspiration from a quite different moral tradition than those that have informed past efforts to justify and explain our enduring societal willingness to release people from onerous financial obligations. The book argues that personal debt relief is fully vindicated not by a utilitarian theory, nor by a distributive justice theory, nor by a retributive theory, nor by any other rights- or duties-based theory that is preoccupied with moral claims that particular creditors or debtors might proffer. Rather, the long-standing institution of discharge in bankruptcy is best explained by an aretaic, or virtue-based, theory that concerns itself with the obligations that the rest of us have to be charitable towards those who are unable to repay their debts. The fresh start that bankruptcy gives to those who have been shackled by overwhelming debt is justified not by its effects on creditors, debtors, or future market actors, but by its satisfaction of the demands of individual charity to which all citizens are subject. Bankruptcy's discharge of the debts of those who have become financially desperate is best thought to be an institution that aggregates others' demands of good character so as to permit citizens for whom debt-forgiveness is a personal virtue to live in a society that fulfils that virtue.

The Virtue of Bankruptcy

Debts and the Demands of Conscience

Aristotle's account of justice has inspired thinkers as diverse as Thomas Aquinas and Martha Nussbaum. Concepts such as distributive justice, equity, the common good, and the distinction between just and unjust political organizations find articulations in his writings. But although Aristotle's account of justice remains philosophically relevant, its intellectual, social, and political origins in the Mediterranean world of the fourth century BCE have often been overlooked. This book places Aristotle's account of justice in dialogue with his fourth-century intellectual colleagues such as Plato, Xenophon, and Isocrates, and allows it to be understood within the framework of fourth-century institutions as they were experienced by citizens of ancient Greek political communities. It thus provides the modern reader with the framework which Aristotle presupposed for his original work in antiquity, including the intellectual debates which formed its context.

The Virtues of Citizenship and Constitutions

Aristotle on Justice

A TIMES LAW TOP LEGAL READ 2025 'A timely red alert that democratic values cannot be taken for granted' The Times'Incisive and eloquent' The Telegraph Across the globe, democracy is in crisis - in the UK alone, it has been rocked by Brexit, the pandemic and successive attempts by governments to bypass legal norms. But how did this happen, and where might we go from here? Jonathan Sumption cuts through the political noise with acute analysis of the state of democracy today - from the vulnerabilities of international law to the deepening suppression of democracy activism in Hong Kong, and from the complexities of human rights legislation to the defence of freedom of speech. Timely, incisive and wholly original, Challenges of Democracy applies the brilliance of 'the cleverest man in Britain' to the most urgent and far-reaching political issue of our day.

And The Rule of Law

The Challenges of Democracy

Family Law: Practice and Procedure

Reimagining Law for People and Planet

UK Earth Law Judgments

Routledge Innovations in Political Theory

Renate Holub provides a critical introduction to the philosophical foundations developed by the Italian philosopher Giambattista Vico and demonstrates the innovative principles he contributed to the study of non-violent global rights and justice.

Between Grotius and Kant

Vico and the Philosophical Foundations of Human Rights

Law as a Human Science argues for the reintroduction of crucial aspects of the humanist tradition in legal thinking.

Law as a Human Science

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

The Politics of Adjudication

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