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Understanding Illegal Tort Claims

Comparative Legal Reasoning in Global Perspective

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

Scholars of Commercial Law

The Rule of Law in Context

This book investigates core legal-political cultural myths of the Australian nation by canvassing, challenging and recasting some of the well-understood debates around, and invocations of, 'the rule of law' in Australia. It foregrounds one of the most enduring and prominent manifestations of these debates: claims to state sovereignty and rule of law in a system that has an incoherent legal foundation in its intentional ignorance of, and arbitrary violence perpetrated against, First Nations, their people, their sovereignty and their law. It examines the claims and celebrations of colonial rule of law achievements; constitutional rule of law protections; and the rule of law as tool to delineate and circumscribe the role of judges in the State. It presents a survey of the constitutional and legal principles and institutions and explores the socio-political aspects of rule of law in the country and how rule of law is experienced. With a focus on the legacy of the treatment of First Nations people, the book looks at how the Australia's rule of law institutions and machinery continue to exclude and fail vulnerable, marginalised and publicly reviled groups. Exploring these arguments through historical and contemporary case studies, including native title negotiations, anti-terrorism regimes, the government's response to the COVID-19 pandemic, the push for constitutional enshrinement of a First Nations Voice, and the Royal Commission into the government's 'Robodebt' inquiry, this book shows the inescapable messiness of rule of law in Australia as a legal and political concept, instrumentalised and weaponised across its history.

Living in the Long Shadow of Colonialism

The Rule of Law in Australia

The fifth edition of this clear and practical book has been thoroughly updated to deal comprehensively with immigration law procedure and practice, covering European and human rights law, deportation, asylum and onward appeals. In this continually evolving area of law, this new edition takes into account all recent major legislation changes and developments, relevant case law and policies since the last edition.

Changes to the new edition include:
Points Based System;
Rules governing the appeals procedure;
Changes in the administrative process;
The Government's changes in capping immigration.

The new edition also includes coverage of recent cases including decisions from Strasbourg, the House of Lords and the Court of Appeal, legislation and Practice Directions with considered opinion on their likely impact on everyday practice.

Previous ISBN: 9781845923181

This title is included in Bloomsbury Professional's Immigration and Nationality Law online service.

Jackson's Immigration Law and Practice

Hart Studies in Private Law

This ambitious and important book explores the new concept of the doctor-patient relationship, told from the private law perspective. The doctor-patient relationship is different to others. Doctors are required to take positive action when dealing with patients and, accordingly, can be held liable for omissions. However, due to the strict adherence to physical injury as the dominant form of damage in negligence law, a doctor's duty of care is operating, in effect, as a duty not to negligently cause physical injury. This book identifies this to be the main barrier to protecting interests other than bodily integrity in medical negligence law. By so doing, it sets out a new duty of care framework: namely that a doctor would owe a 'positive duty to take care' of the patient's interests. This would ensure that the reasons for requiring doctors to take positive action would be carried through to the damage enquiry. Damage would either not be necessary, or would be expanded to include interests other than bodily integrity. It offers an important and ambitious new way of thinking about the doctor-patient relationship.

A Doctor’s Duty to Take Care

Redefining the Medical Negligence Action

Verso's Southern Questions

In 1960, as the Algerian War for Independence entered its sixth year, 22-year-old Djamila Boupacha was arrested for allegedly planting a bomb in a university cafeteria. While in custody, she was tortured and raped by French soldiers. Her case would have been buried like countless others had it not been for the efforts of her lawyer, Gisèle Halimi, and the philosopher Simone de Beauvoir to transform it into an international cause célèbre. Djamila Boupacha is the culmination of this campaign to expose the systemic violence of colonial rule. "To protest in the name of morality against ‘excesses’ or ‘abuses,’" Beauvoir writes, "is an error which hints at active complicity. There are no ‘abuses’ or ‘excesses’ here, simply an all-pervasive system." More than a historical document, the book is a profound exploration of morality, complicity and resistance. A classic text of anticolonialism, this is a story that demands to be read—and remembered.

Djamila Boupacha

What are the legal considerations around houseboats? How are landlords regulated? Since 1978, this manual has been guiding practitioners through all areas of housing law. The book demonstrates how to practically apply different aspects of housing law. Key topics covered include the regulation of landlords, the security of tenure and eviction, anti-social behaviour and domestic breakdown. The 12th edition has been updated to include: - The Renters' Rights Act 2025 - Social Housing (Regulation) Act 2023 This manual is the definitive guide for practitioners, local government, local authorities, housing associations and students. This title is included in Bloomsbury Professional's Property and Land Law online service.

Manual of English Housing Law

Essays in Honour of Andrew Harding

Comparative Law in Asia

This open access book tells the story of how a standing board of judges in London has shaped the constitutional laws of Commonwealth countries through its most consequential decisions since 1833. It provides a broad-ranging critical analysis of the Judicial Committee of the Privy Council's (JCPC) constitutional influence and legacy to date as the oldest serving multinational supreme court in the world. From over 193 years of case law, 17 decisions are identified and represent, for better or worse, defining historical and constitutional moments in their respective jurisdictions and beyond. They originate from 11 countries on 5 continents, reflecting the once worldwide breadth of the JCPC's authority. Several cases from the Global South, which have tended to be overlooked in the Western literature and case law, are included. In this first-ever collection of JCPC case studies, the authors explain the court's pivotal role in redefining the relationship between the UK and the rest of the Commonwealth, articulating the structures of Westminster constitutions, and interpreting fundamental human rights. The collection offers an outlook on the JCPC's future as it carries on with its subsisting mandate in the 31 countries and territories still under its jurisdiction. The book is aimed at public law scholars, practitioners, and students from Commonwealth countries. It will also interest readers who seek to learn about the British and Commonwealth constitutional traditions. From this volume of 15 original studies on a unique judicial institution in modern history, the reader will gain a deeper comprehension of our constitutions and their mutual influences within and across legal traditions. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Foundational and Leading Constitutional Cases

The Judicial Committee of the Privy Council

Anthem Environment and Sustainability Initiative

This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina.

Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts

Hart Monographs in Transnational and International Law

This book offers the first comprehensive study of quasi-judicial bodies and their operation in international law. What are quasi-judicial bodies as a formulation in international law? Though these are currently legion at the international level, there is yet to be a rigorous analysis of them as a category. This book fills this gap by setting out a comprehensive and detailed map of this quasi-judicial terrain. Taking a comparative approach, it looks at the form and function of these bodies, as well as commenting on their effectiveness. It goes further to explore their understanding at the domestic and international court level. This is a fascinating study that will be of interest to all scholars of international courts and institutions.

Quasi-Judicial Bodies in International Law

This book brings together leading scholars from private law and employment law to reflect upon private law doctrines as they relate to the employment contract. Developing an interdisciplinary dialogue, these contributions explore the regulatory functions of private law doctrines at the cutting edge of modern employment law. Topics include the potential and limitations of private law damages; the role of injunctions and specific performance; the interactions between express and implied terms; vicarious liability; substantial performance and breach; and the common law right to work. The integration of scholarly perspectives from the realms of private law and employment law enriches and deepens our understanding of core private law doctrines. Historically, employment law was defined in terms of its autonomy from general private law. This achievement of autonomy was highly prized, and considered necessary to facilitate industrial freedoms for trade unions and the protection of employees from exploitation. But the contractual basis of employment means that any such autonomy has always been partial and unstable. Furthermore, as trade unions have declined and governments have deregulated statutory employment rights, private law has assumed growing practical importance in strategic appellate litigation. In many common law jurisdictions, private law doctrines have become the new battleground between employers, workers and trade unions. The essays in this book examine specific doctrinal issues against this dynamic backdrop of changing social, economic and constitutional conditions. While focused mainly on English law, the essays also consider examples from other jurisdictions including Australia and Scotland. As private law becomes the default regulation for most employment contracts in 21st-century labour markets across the world, this book is an essential resource for practitioners, judges, academics and students.

Private Law and the Employment Contract

Understanding Illegal Tort Claims

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