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Harlow R: The President vs. The Court

The President vs. The Court

United States v. Nixon and the Limits of Presidential Power

Key Ideas in Law

This book provides an account of the most important and controversial aspects of the principle of legality in the United Kingdom. The principle of legality describes a method of statutory interpretation that empowers courts to prevent fundamental common law values from being overridden by unclear legislation. However, it makes more sense to think of multiple principles of legality, rather than a single concept. The book provides a fresh and detailed perspective on a controversial aspect of the common law. It will be useful for students of law and politics, legal practitioners and scholars. It explores the many complexities surrounding the historical origins, fields of application, mode of operation, and subject matter of the principle of legality. Despite its long history, the term 'principle of legality' only began to be used in public law cases towards the end of the twentieth century. More recently, judicial references to the principle of legality in high profile constitutional law cases have fuelled broader concerns about judicial overreach. The book argues that these concerns are unfounded, and deeper principles of legality are required.

Key Ideas in Law: The Principle of Legality

This book includes essays in honour of Professor Andrew Harding, a leading scholar in the fields of Asian legal studies and comparative constitutional law. Written by his colleagues and friends, the essays deal with important themes in comparative law in Asia, including comparative law methodology and theory; comparative constitutional law; legal transplants and development; and comparative law and society. The essays cover Malaysia, Singapore, Thailand, Myanmar, Southeast Asia and Commonwealth Asia.

Essays in Honour of Andrew Harding

Comparative Law in Asia

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

Hart Studies in Constitutional Law

This open access book presents an all-encompassing way to understand lobbying: the 'Diversion Guide'. This shows that lobbying is problematic when institutions are diverted from acting in the public interest. It reveals why diversions happen, how they are linked together, and what can be done to prevent them. The reader can use the 'Diversion Guide' to identify any problem about lobbying, and test when an officeholder has been diverted from acting in the public interest. The book examines how lobbying can encourage citizen participation and lead to informed law and policy, but is not always fair. It considers the way in which wealthy and influential people can gain greater access to the United Kingdom's political system than most to shape the laws that govern everyone. Scandals are often reported in the media surrounding unequal access, corruption, the revolving door, and more. Unchecked, such lobbying corrodes trust in public institutions. It is vital that the problems surrounding lobbying are clearly understood to avoid a system of weak regulations and to ensure that better regulations are created to restore public trust in politics. The 'Diversion Guide' can be used to this end. 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 Hamad bin Khalifa University.

An Institutional Diversion Framework

Lobbying, Democracy and Public Trust

This book traces the legal creation of National Parks in England and Wales, considering how statute and case law shaped the different provisions within the National Park and Access to the Countryside Act 1949. National parks are often associated with hiking, holidaying, and nature but they are rarely perceived as legal spaces. Yet national parks in England and Wales only exist through the legal processes contained within the National Parks and Access to the Countryside Act 1949, a piece of legislation which is internationally unique in how it defines what a national park is. In celebrating the 75th Anniversary of the National Parks and Access to the Countryside Act 1949, the book examines the legally unique nature of national parks in England and Wales, exploring why these spaces were created in a legally distinct way. In doing so, the book takes the reader on a journey through the ever-evolving landscapes of planning law, administrative law, and property law in the 19th and 20th centuries, providing a new perspective on the enactment of national parks legislation. In presenting the National Parks and Access to the Countryside Act 1949 as part of a wider system of legal change, the book encourages the reader to think differently about national parks, emphasising the inherently legal nature of these spaces. This book is the perfect companion for any reader seeking to understand how national parks in England and Wales legally came to be.

Defining a Landscape

The Legal Creation of National Parks in England and Wales

This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 - the Pentonville Five - for defying the Court's orders, strikes erupted and the docks closed. With the country's food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found? This is a revelatory account of the National Industrial Relations Court's defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing - in Donaldson's own words - 'rather peculiar things'.

'Rather Peculiar Things'

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

Constitutionalism in Asia

This book uses the concept of 'constitutional moments' as a lens to study constitutional developments in 15 Asian jurisdictions in the last few decades. Whereas the theory of constitutional moments was originally developed by Bruce Ackerman in the context of American constitutional history, this book adapts and further develops this theory to elucidate and understand contemporary Asian constitutional phenomena. A broader conception of constitutional moments is developed that goes beyond Ackerman's concept of a highly-mobilised public effecting a significant transformation in the prevailing constitutional paradigm, with the 'moment' unfolding over a long duration. The chapters in this volume aim to identify key changes, developments, trends, transformations, and events that have had a profound impact on the polity and constitutional landscape, with lasting ripple effects that continue to affect recent constitutional developments of each jurisdiction concerned. Viewed collectively, these moments present a snapshot of the key issues in contemporary Asian constitutional developments. While the project of constitutionalism first began in the West, this book tells exciting stories from Asian jurisdictions as major laboratories of constitutionalism in the twenty-first century. It demonstrates that while significant progress has been achieved, the struggle for constitutionalism in Asia is still very much a work in progress, facing many trials and challenges in many places. Both hope and danger abound.

Constitutional Moments in 21st-Century Asia

This volume is the first in-depth collection to explore the impact of language on the field of comparative constitutional law. It addresses the epistemological and conceptual implications of English as the lingua franca. In this regard, it considers the global influence of Anglophone jurisdictions in orienting the discourse through the identification of concepts, designs and ideas that warrant engagement and exploration outside of those origin jurisdictions. In doing so, the book underscores that language is not a neutral device but can produce hegemonic pressures and expectations. It further makes the role of language in conducting comparative constitutional law explicit, so that its users can be more deliberate in their selection of foreign materials and are made conscious of the limitations of their findings due to language barriers. The book calls for a reckoning with the rich constitutional vocabulary that non-Anglophone jurisdictions have to offer to ensure a more holistic approach to the creation of knowledge. It also emphasises the need for the contextualised study of constitutional phenomena to appreciate how these are shaped by linguistic choices. In addition to raising awareness about language's significance as an epistemological, conceptual and methodological device, the volume also puts forward constructive tools and techniques to harness language's potential, making it an indispensable resource for scholars, students, lawmakers and judges.

Questioning Hegemonies

The Language of Comparative Constitutional Law

This edited collection investigates the religious roots of marriage and divorce in Catholic, Protestant, and Orthodox nations across Europe and shows how their laws have evolved and diverged, from 1700 through to the present day. The eighteenth century was a pivotal period for the rules governing marriage and divorce, with the authority to establish and adjudicate on them shifting from church to state. The Formation and Dissolution of Marriage, Religious Roots, and Diverging Histories evaluates these historical developments, paying particular attention to the waxing or waning influence of religious institutions, values, and norms, and asking what other proposals for reform might have been on the agenda. As Volume 1 of A History of Family Law in Europe, this book examines how, and to what extent, marriage and divorce are regulated in the written texts of Europe's various religious traditions. The contributors analyse each system's teachings on marriage formation, marital impediments, and dissolubility, including ideas on the socially binding character of those precepts. Jurisdiction-specific chapters focusing on countries across Northern, Central, Southern, and Eastern Europe explore the regulation of marriage formation and dissolution in the context of religion and other cultural influences. The Formation and Dissolution of Marriage, Religious Roots, and Diverging Histories brings together the insights of an international team of leading marriage-law scholars from across Europe, and is a significant resource for scholars of family law, legal history, and the history of religion.

The Formation and Dissolution of Marriage, Religious Roots, and Diverging Histories

A History of Family Law in Europe, Volume 1

Parliamentary Democracy in Europe

A Constitutional and Comparative Analysis

The Spitzenkandidaten Procedure and the EU’s System of Government

Anthem Critical Introductions

A history of immigration law as a legal discipline: how it has been constrained and unconstrained by developments in migration policy, international law, constitutional law and legal theory.

An Intellectual History of Migration Law and Policy c.1535-2020

This book explores the fascinating backstories and unexpected sequels of bigamous marriages from the 17th century to the present day. A woman remarries after hearing that her husband has drowned, only for him to turn up alive and well. Is she now a criminal? A deserted husband, unable to afford a divorce, finds happiness in a new union. How many did the same? A conman advertises for a wife and then disappears with her lifesavings; he has already done the same to many other women. How was he brought to justice? These are just a few of the hundreds of bigamous remarriages put under the microscope in Double Lives. As a companion volume to Double Trouble: Bigamy and the Law in England and Wales, 1604-2024, this book goes behind the law reports to reconstruct the stories of those involved. Drawing on archival sources, pamphlets, newspapers, census data, parish registers, divorce petitions and family histories, it shows the different forms that bigamy might take - accidental, consensual, deceptive or exploitative - and how bigamists' stories in turn helped to shape the law. Double Lives shows how bigamy should not be dismissed as a comical or victimless crime. Every case had its own complex mix of desire and deception, and, all too often, heartbreak for someone.

Stories of Bigamy in England and Wales, 1604-2024

Double Lives

The President vs. The Court

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